I'm getting close to the end of being the executor of my father's large estate. In the beginning I was, as you said, knowledge deficient. Upon his death, I went straight to my father's lawyer and accountant for help. With time, as my knowledge became executor-worthy, I fired both firms and worked with people of my own choosing to the betterment of the estate.
As an attorney, I cheered when you simply stated that the lawyers who routinely hold onto wills are doing so to trap legatees into dealing with them for probate. I can remember getting a call from a client who was getting the run around from the firm that didn't want to release the will to her, and having to go to that office personally to get the document. In the absence of extraordinary circumstances (e.g. clients who might be concerned about untrustworthy relatives gaining access to the document, some deathbed wills, etc.), the will should be delivered to the client with suggestions for safe storage. If you keep more than one or two per cent of the wills you draw, you are looking out for yourself, not your clients.
Im having to deal with my dads estate right now. He always told me not to worry about anything it was all taken care of. He told me all I had to do is contact his lawyer & he had all the info I needed. He told me the lawyer had the original. Well... The lawyer retired & his son took over & all he has is a copy. My dad never changed the beneficiaries after my mom died. I had no Info on life insurance policies, banking, checking, savings, credit cards etc. The only way I've been finding the info I need is going thru bank statements, bills & making phone calls. It's a flipping nightmare. My dad's bank accounts are frozen until probate is over. He died Jan 2nd 2022. It is now Feb 3rd 2022. I've had to pay out of my savings the deposit on funeral, casket spray, catering for funeral, taxes, insurance, utilities on my dad's house. I had $12000.00 in savings before he died. It's been a month & I have only $4000 left in savings. The lawyer said I'll get reimbursed from the estate. I feel like I'm on a sinking ship That s going down fast.
In south Louisiana, weather is also a factor! My father-in-law left his will with a trusted attorney in St. Bernard parish just prior to hurricane Katrina.. The wills were in a strong box on the top shelf of a locked storage area. Thank heavens it was stored high and his will was in the middle of a fat bundle. It was wet and moldy but it was legible. We eventually tracked down the lawyer and obtained the original will.
Thank you so much for this video, just signed my will today and was told my attorney, whom i dont like will hold onto the original. Not gonna happen. Will pick up and hold onto the original myself.
So, for me, better to keep the orginal and probate instructions/wishes/instructions in a safe deposit box that my execitor has a key too and approved access at the financial institution maintain the box. Thanks again Paul.
That make so much sense . I think a lot of people assume that if they hire a lawyer to do up their will then the law firm will protect the filing of that will . I discovered the hard way that sometimes the law firms even get in on the fraudulent actions of the trustees
I have my will registered with The U.S. Will Registry. It was free and my registration states where my original and duplicate copy are. It can only be seen after I pass, and only those that I listed will have permission to access it. This way they can identify who my attorney was, and, where other copies are stored. So I'm covered.
Hi Paul and thank you you’ve just answer my question but I have another question. I want to keep my original where is the best place that you suggest to keep it? Safety deposit box fire proof safe in your house etc.? Also when my lawyer prepares my documents, and I die will my executor/child need to go to a lawyer or does she just go to the court?. I don’t know if you need to notice but I live in Ohio
Should I go to the lawyer and request my original copy? I’ve never spoken to this lawyer in thirty two years. He is also mid seventies,and lm not sure if he’s retired.
Lovely. What am I supposed to do now? I have no blood children. Am I supposed to make sure my step-daughter has my will? I wanted to make it easy for her and her not have to 'deal with my death'. CRAP!!!!
In the state of Maryland, every county has a registrar of wills. Residents of each county can have the registrar of wills keep a copy of the will. Those wills are private until the estate is opened. I know that my brother's will is registered at his county seat courthouse.
I'm getting close to the end of being the executor of my father's large estate. In the beginning I was, as you said, knowledge deficient. Upon his death, I went straight to my father's lawyer and accountant for help. With time, as my knowledge became executor-worthy, I fired both firms and worked with people of my own choosing to the betterment of the estate.
As an attorney, I cheered when you simply stated that the lawyers who routinely hold onto wills are doing so to trap legatees into dealing with them for probate. I can remember getting a call from a client who was getting the run around from the firm that didn't want to release the will to her, and having to go to that office personally to get the document. In the absence of extraordinary circumstances (e.g. clients who might be concerned about untrustworthy relatives gaining access to the document, some deathbed wills, etc.), the will should be delivered to the client with suggestions for safe storage. If you keep more than one or two per cent of the wills you draw, you are looking out for yourself, not your clients.
Im having to deal with my dads estate right now. He always told me not to worry about anything it was all taken care of. He told me all I had to do is contact his lawyer & he had all the info I needed. He told me the lawyer had the original. Well... The lawyer retired & his son took over & all he has is a copy. My dad never changed the beneficiaries after my mom died. I had no Info on life insurance policies, banking, checking, savings, credit cards etc. The only way I've been finding the info I need is going thru bank statements, bills & making phone calls. It's a flipping nightmare. My dad's bank accounts are frozen until probate is over. He died Jan 2nd 2022. It is now Feb 3rd 2022. I've had to pay out of my savings the deposit on funeral, casket spray, catering for funeral, taxes, insurance, utilities on my dad's house. I had $12000.00 in savings before he died. It's been a month & I have only $4000 left in savings. The lawyer said I'll get reimbursed from the estate. I feel like I'm on a sinking ship That s going down fast.
Same my dad passed of covid 2020 we are still in probate family members have made fake Will and time is marching on, smdh
In south Louisiana, weather is also a factor! My father-in-law left his will with a trusted attorney in St. Bernard parish just prior to hurricane Katrina.. The wills were in a strong box on the top shelf of a locked storage area. Thank heavens it was stored high and his will was in the middle of a fat bundle. It was wet and moldy but it was legible. We eventually tracked down the lawyer and obtained the original will.
Thank you so much for this video, just signed my will today and was told my attorney, whom i dont like will hold onto the original. Not gonna happen. Will pick up and hold onto the original myself.
I plan to file my will with the county clerk of courts, and I just assumed that all lawyers did this! Mine is holographic.
So, for me, better to keep the orginal and probate instructions/wishes/instructions in a safe deposit box that my execitor has a key too and approved access at the financial institution maintain the box. Thanks again Paul.
Well done KB 👍
That make so much sense . I think a lot of people assume that if they hire a lawyer to do up their will then the law firm will protect the filing of that will . I discovered the hard way that sometimes the law firms even get in on the fraudulent actions of the trustees
Good comments KC! 👍
@@americasestateplanninglawy1946 Thanks :)
Thank you, as always very informative,
Shoul your lawyer when preparing your will ask you for the deed to your house, should he enquire as to how much money you have. Thank you
I have my will registered with The U.S. Will Registry. It was free and my registration states where my original and duplicate copy are. It can only be seen after I pass, and only those that I listed will have permission to access it. This way they can identify who my attorney was, and, where other copies are stored. So I'm covered.
Thank you for such a great video 🙂
I worked for a Will Attorney and they kept copies of all clients Will registered in the probate court same a birth certificate is stored
Really helpful
Hi Paul and thank you you’ve just answer my question but I have another question. I want to keep my original where is the best place that you suggest to keep it? Safety deposit box fire proof safe in your house etc.? Also when my lawyer prepares my documents, and I die will my executor/child need to go to a lawyer or does she just go to the court?. I don’t know if you need to notice but I live in Ohio
Should I go to the lawyer and request my original copy? I’ve never spoken to this lawyer in thirty two years. He is also mid seventies,and lm not sure if he’s retired.
Either than or make a new one. The newest will takes precedence.
Lovely. What am I supposed to do now? I have no blood children. Am I supposed to make sure my step-daughter has my will? I wanted to make it easy for her and her not have to 'deal with my death'.
CRAP!!!!
Well said , but where is the most popular that people keep their Will ?
Trust
I am not worried
In the state of Maryland, every county has a registrar of wills. Residents of each county can have the registrar of wills keep a copy of the will. Those wills are private until the estate is opened. I know that my brother's will is registered at his county seat courthouse.
If a lawyer stores a will, he/she should update the client from time to time. Good customer service.
I have Diamond
Omg