when a lawyer prepares a will for someone how long are they required to keep a copy of it

Nevertheless, safekeeping the client’s will remains an appropriate function for a lawyer to perform, and many lawyers do it (though not as many as in years past). When a lawyer does agree to preserve an original will for safekeeping, the lawyer “must keep custody of it until the client requests it or the lawyer is legally obligated to produce it.”

Full Answer

When does a lawyer have to preserve an original will?

When a lawyer does agree to preserve an original will for safekeeping, the lawyer “must keep custody of it until the client requests it or the lawyer is legally obligated to produce it.” Absent any agreement to the contrary, there is ordinarily an “implied understanding”...

Do lawyers keep copies of wills?

Most lawyers who routinely do estate planning keep a fireproof, waterproof safe in their offices. And in that safe, they keep original versions of wills. But not all lawyers do this. Also, it is not uncommon for a lawyer to die or move along, or for family members to have no idea who did someone’s will.

Who is entitled to a copy of a will?

There's no legal requirement that a last will and testament must be read aloud to anyone. The executor or personal representative of the estate determines who is entitled to receive a copy and who should be sent a copy even if state law doesn't require it. 1

Can a lawyer deliver the original will?

A lawyer may instead deliver the original will to the client, along with appropriate advice concerning its safekeeping. Nevertheless, safekeeping the client’s will remains an appropriate function for a lawyer to perform, and many lawyers do it (though not as many as in years past).

What happens if the original cannot be found?

Do attorneys retain original documents?

Can a lawyer keep a copy of a will?

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Cheryl K. David

From your question, it appears that the will is lost and the attorney can't find the original. There is an exception in North Carolina in certain circumstances where a will has been lost and destroyed. It is called an Application for Probate of Lost or Destroyed Will.

Pamela A Wilson

Was the copy executed and witnessed or a photocopy of the executed and witnessed will? If so you may be ok.

What happens if the original cannot be found?

This is an important question, but as the other responders have noted, there are many different answers.#N#Unfortunately, in most states, if the original cannot be found, and if the original was in the possession of the testator, then the law presumes that the testator destroyed it...

Do attorneys retain original documents?

Attorneys are not consistent in their practices when it comes to retaining original documents. Some firm never will maintain originals and others will do so at the request of a client. Normally the copy will have a notation at the top on the first page when the preparing attorney is maintaining the original.

Can a lawyer keep a copy of a will?

While it certainly is common for lawyers to keep copies of signed wills either electronically or on paper, the practice isn't uniform. If the lawyer who prepared the will doesn't have the original, it could be anywhere from a safe deposit box, to a drawer, or in the freezer . Of course, your father also could have lost or destroyed the original. In my state a copy of a will can be probated in limited cases, but it is much...

What is safekeeping in law?

The practice of attorneys "safekeeping" clients' wills at their office originated in a time when most people did not have a secure place in their home for the storage of valuable or important papers.

Why is it important to make an estate plan?

Most people understand the importance of making an estate plan: to provide for the future security of your loved ones and distribute your possessions according to your wishes after your death. But many people fail to consider the importance of details such as where an estate plan, once completed, should be kept for safekeeping.

Can a will be delivered to you while you are alive?

While you are alive, the court will deliver your will only to you at your request, or to a person you authorize. After your death, the will will be delivered to a person named in the endorsement on the envelope of the will if that person requests it.

Can you have multiple copies of your will?

You may choose to have multiple copies of your estate plan, but only an original, executed last will and testament will be recognized by a probate court. Under some circumstances a court may admit copies as evidence of what an original will said, but it is important to produce an original unless doing so is not possible.

How long do you have to keep a file?

The answer is: it depends on the type of file. State bars have various rules about the minimum amount of time to keep files. The Model Rules suggest at least five years. See Model Rule 1.15 (a). Many states set this requirement at six years, and some set it even further out.

Why do bar associations recommend hanging onto files for the life of the client?

In some fields such as tax and probate, statutes address how long records must be kept. In the criminal law context, bar associations often recommend hanging onto files for the life of the client, because of the possibility of habeas corpus petitions and other post-trial actions. ...

What is a law firm record management policy?

Most law firm records management policies use a matter-centric approach, creating a policy that analyzes individual client files to determine whether they should be retained. While an entire client matter will be considered for retention at one time, both the physical and electronic files must still be well-organized.

What is matter closing?

Matter closing can be an opportunity to remind the client of the work that was performed and the firm's desire to represent them in the future. In a perfect world, you would contact your former clients and they would come and pick up their files.

What is Findlaw's integrated marketing solution?

FindLaw's Integrated Marketing Solutions can help you create a comprehensive plan to target your market audience so that you will have a steady flow of new client files to keep your files full.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What happens at your first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information.

What happens if the original cannot be found?

This is an important question, but as the other responders have noted, there are many different answers.#N#Unfortunately, in most states, if the original cannot be found, and if the original was in the possession of the testator, then the law presumes that the testator destroyed it...

Do attorneys retain original documents?

Attorneys are not consistent in their practices when it comes to retaining original documents. Some firm never will maintain originals and others will do so at the request of a client. Normally the copy will have a notation at the top on the first page when the preparing attorney is maintaining the original.

Can a lawyer keep a copy of a will?

While it certainly is common for lawyers to keep copies of signed wills either electronically or on paper, the practice isn't uniform. If the lawyer who prepared the will doesn't have the original, it could be anywhere from a safe deposit box, to a drawer, or in the freezer . Of course, your father also could have lost or destroyed the original. In my state a copy of a will can be probated in limited cases, but it is much...