Understanding the Role of an Attorney in Will Creation
When creating a will, it's essential to understand the role of an attorney in the process. An attorney can guide you through the will creation process, ensuring that your wishes are clearly stated and your estate is distributed according to your desires.
The attorney will also ensure that the will is properly executed, which includes signing and witnessing the document. This step is crucial in making the will legally binding and enforceable.
Storage and Safekeeping of the Original Will
After the will is created and executed, the original document is typically stored in a safe and secure location. The attorney may store the original will in a fireproof safe or a secure storage facility, depending on their office policies and procedures.
The attorney may also provide you with a copy of the will, which you can keep for your records. However, it's essential to note that the original will is the legally binding document, and it's crucial to keep it in a secure location.
Why an Attorney Keeps the Original Will
An attorney may keep the original will to ensure that it's protected from loss, damage, or tampering. This is especially important, as the original will is the legally binding document that will be used to distribute your estate after your passing.
By storing the original will in a secure location, the attorney can ensure that it's available when needed and that it's not altered or destroyed without your knowledge or consent.
Access to the Original Will
As the creator of the will, you have the right to access the original document at any time. Your attorney should provide you with access to the will, allowing you to review, update, or revoke it as needed.
In some cases, the attorney may require you to provide identification or proof of authority before releasing the original will. This is a standard procedure to ensure that the will is only released to authorized individuals.
What Happens to the Original Will After Passing
After your passing, the original will is typically submitted to the probate court as part of the estate administration process. The court will review the will and ensure that it's properly executed and valid.
The attorney who stored the original will may be responsible for submitting it to the court and ensuring that the estate is distributed according to your wishes. This is an important step in the probate process, and it's essential to work with an experienced attorney to ensure that your estate is handled correctly.
Frequently Asked Questions
Can I store my original will at home?
While it's possible to store your original will at home, it's not recommended. A secure location, such as a safe or a secure storage facility, is preferable to protect the document from loss or damage.
Who can access my original will?
As the creator of the will, you have the right to access the original document. Your attorney may also access the will, as well as authorized individuals, such as your executor or personal representative.
What happens if my attorney loses my original will?
If your attorney loses your original will, it may be necessary to create a new will or use a copy of the original document. However, this can be a complex process, and it's essential to work with an experienced attorney to resolve the issue.
Can I change my will after it's been stored with my attorney?
Yes, you can change your will after it's been stored with your attorney. You'll need to work with your attorney to create a new will or update the existing document, and the attorney will ensure that the changes are properly executed and stored.
How long does my attorney keep my original will?
Your attorney will typically keep your original will for as long as you're a client, or until you request that it be returned to you. In some cases, the attorney may store the will indefinitely, depending on their office policies and procedures.
Do I need to pay my attorney to store my original will?
Some attorneys may charge a fee for storing your original will, while others may include this service as part of their overall estate planning package. It's essential to discuss fees and services with your attorney before storing your will with them.