why would a lawyer keep the will

The principal advantage of keeping your will at your lawyer's office is so that it will not get lost or destroyed and will be safe. Many, though not all, attorneys, provide this service to their clients as an accommodation. Attorneys who are willing to store clients' original wills typically have excellent document storage systems.

Full Answer

Should I keep my will at my lawyer's office?

The principal advantage of keeping your will at your lawyer's office is so that it will not get lost or destroyed and will be safe. Many, though not all, attorneys, provide this service to their clients as an accommodation. Attorneys who are willing to store clients' original wills typically have excellent document storage systems.

Why do attorneys safekeeping Wills at their offices?

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.

What happens to my will when my lawyer closes?

If your lawyer was a sole practitioner, it is less clear what would happen to documents in storage. Certainly whoever is closing up the office is obligated to make efforts to find you and return your will to you, but it could take months or longer for this to happen.

Do lawyers have to preserve original Wills?

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.”

Who usually keeps original will?

The most likely person to hold the document is the Executor selected in the Will. For example, a client names her adult daughter as the Executor of her Will. The client gives her adult daughter the original Will and tells her that she will need to bring this to the probate court upon her death.

Where is the best place to keep a will?

Ideally, you keep it in a place where it will be safe from disasters like fire or flood, secure from thieves or snoops, but also easy for your loved ones to find when the time comes.

Who controls the will?

Executor: The person named in a will, and appointed by the probate court after the will-maker's death, to wind up the affairs of a deceased person. In some states, executors are called "personal representatives." (More about executors.)

Does a lawyer keep a copy of a will?

If a solicitor writes your will, they will usually store the original free of charge and give you a copy – but ask them to make sure. Most solicitors will also store a will they didn't write, but there will probably be a fee.

Where do wills get stored?

Your Will and any other relevant legal documents, such as Powers of Attorney, are kept in a waterproof wallet in a specialist document archive facility. While your documents are with National Will Safe they are fully insured against loss or damage.

Who looks after a will?

The executor is the person appointed in the will to administer the estate (this is everything the person owned when they died). The executor has a number of important duties to carry out.

Can an executor of a will be a beneficiary?

It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will.

Who contacts beneficiaries of a will?

Helen: If someone has left a will and you are a beneficiary of an estate, you would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary.

When a lawyer agrees to preserve an original will, should the lawyer make every effort to clarify?

In sum, when a lawyer agrees to preserve an original will, the lawyer should make every effort to clarify precisely what the lawyer will and will not do in the event of the client’s death. The understanding between lawyer and client should be confirmed in a detailed memo, a copy of which is given to the client.

Who should index the wills of missing clients?

Accordingly, a lawyer who is retiring or dissolving a law firm should therefore “index the Wills of missing clients and place them in storage or turn them over to a successor lawyer who is assuming control of the lawyer’s or firm’s active files, while preserving the confidences and secrets of the testator/client.”.

Can a lawyer send a letter to a client?

For example, the lawyer can send a letter to each client’s last known address asking the client either to pick up his files or to give permission for the lawyer to destroy them. (If the client’s address is not available, the lawyer may publish a notice in the local newspaper.) That all sounds fine.

Can a lawyer keep a will?

If clients cannot be located, the lawyer must retain the will in safekeeping indefinitely or in accordance with law. The lawyer has three basic choices: (a) The lawyer may send the original wills not storage, provided they are indexed and maintained in a manner that will protect client secrets and confidences.

What is a will?

A will is a signed and witnessed written document that specifies, among other things, who is to receive their last possessions at the time of death. This can include real estate, bank accounts and personal belongings.

Where to store a copy of a will?

If you decide to store the original copy of your will in your home, an option would be to store it in a waterproof and fireproof safe (ideally, the safe would be large and heavy or built into the structure of the home to help prevent thieves from taking the actual safe). Some people have also been known to store their will in a filing cabinet or in a plastic bag in the freezer—but this is not recommended for obvious reasons. No matter where you decide to store your will, be sure to tell your executor and beneficiaries where you've put the will—after all, you want your will found when the time comes.

Where to keep a will?

Best Places to Keep Your Will. Filed with the probate court. This is the best place to store your will. Many states have a system that allows you to file your will with the probate court for safekeeping. If your state allows this, this is the safest place to store your will.

What is the purpose of a last will and testament?

It details who will get your assets and belongings after you die and might also discuss who you've chosen as the guardian for your minor children.

Can you file a will in probate?

Filing it means it will already be with the court when you pass away. Filing the will does not mean that it is enacted or accepted into probate, however. You can always withdraw it and change or destroy it as you wish.

Can you keep a will in a safe?

Keeping your will in a home safe is an acceptable option, but only if your executor and your alternate executor know where the safe is and have access to your home and to the safe itself . It does you no good to store the will in your safe if your executor and alternate cannot easily get into your home and into the safe.

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...

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

Can I file a will for probate?

The original of the Will, if available, must be filed for probate. If you hired the attorney and he is not returning your calls or answering your questions, you need to hire another attorney. I would send a letter to the current attorney requesting all original documents provided by you, and copies of all correspondence, memos, pleadings and other documents pertaining to your case be turned over to you and cancelling...

Can an attorney probate a will?

If you hired the attorney to probate a will, then the original would have been filed with the Court along with a number of other documents that you would have signed as the executor/personal representative of the estate. Your problem family member was probably contacted by your attorney as part of the probate process. It is common practice for an attorney to notify all beneficiaries that a will is being...

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.