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Do attorneys keep copies of wills? This is a common question for individuals navigating the estate planning process. Understanding the role of an attorney in will creation and storage is crucial for ensuring your final wishes are carried out. This article will explore the common practices regarding attorney retention of wills, the benefits and drawbacks, and alternative storage options.

Attorney Practices Regarding Will Retention

While there’s no universal legal requirement for attorneys to keep copies of wills, many do so as a courtesy to clients and for their own records. This practice varies based on firm policy, state regulations, and the attorney-client relationship. Some attorneys may retain the original will while providing clients with a copy, while others may simply offer a copy and return the original to the client.

Benefits of Attorneys Retaining Will Copies

• Easy Access: Having a copy on file with your attorney ensures quick and easy access should the need arise, particularly if the original is lost or damaged.
• Safe Storage: Law firms often have secure storage systems that protect documents from fire, theft, and environmental damage, offering peace of mind for clients concerned about the safety of their original will.
• Facilitating Probate: In the event of your passing, your attorney having a readily available copy can expedite the probate process, simplifying matters for your loved ones.
• Clarity and Interpretation: If questions or disputes arise regarding the will’s contents, the attorney’s retained copy can serve as a valuable reference point for clarification.

Drawbacks of Attorneys Retaining Will Copies

• Cost: Some attorneys may charge a fee for storing wills, adding to the overall expense of estate planning.
• Accessibility After Attorney Retirement or Death: If your attorney retires or passes away, accessing your will copy might become challenging, particularly if the firm dissolves or is acquired.
• Potential Conflicts of Interest: In rare cases, retaining a will could create a conflict of interest for the attorney, especially if they are named as a beneficiary or executor.

Alternative Storage Options for Wills

• Safe Deposit Box: Safe deposit boxes offer secure storage but can be inconvenient to access and may require a court order after death.
• Home Safe: A home safe provides easy access but may be susceptible to theft or damage in the event of a fire or burglary.
• With the Executor: Providing a copy to the executor of your will allows them immediate access when needed.
• Probate Court: Some jurisdictions allow for wills to be filed with the probate court for safekeeping.

What to Ask Your Attorney About Will Storage

When discussing your will with an attorney, it’s essential to ask the following questions:

1. Do you retain copies of wills after they are executed?
2. What are your fees for will storage?
3. What procedures do you have in place to ensure the safekeeping of client documents?
4. What happens to stored documents if you retire or the firm dissolves?

Do Attorneys Keep Original Wills?

While less common than keeping copies, some attorneys might hold the original will for safekeeping at the client’s request. It’s crucial to understand the implications of this practice, including potential access issues and fees.

Conclusion

Do attorneys keep copies of wills? Often, yes. However, it’s essential to discuss storage options with your attorney to determine the best course of action for your individual needs. Understanding the benefits and drawbacks of each option can help you make an informed decision that ensures your final wishes are protected and carried out effectively. Communicating clearly with your attorney regarding your preferences is key to a successful estate planning process.

FAQ

1. Is it legally required for attorneys to keep copies of wills? No, there’s typically no legal requirement for attorneys to keep will copies.

2. What are the risks of keeping my original will at home? Risks include damage from fire, flood, or theft, as well as difficulty locating it after your death.

3. How do I access my will if my attorney has retired? Contact the state bar association or the attorney’s former firm to inquire about retrieving your will.

4. Can I change my will after it’s been signed? Yes, you can amend or revoke your will through a codicil or a new will.

5. Who should I name as the executor of my will? Choose a trusted individual who is responsible and capable of handling your estate’s affairs.

6. What is the difference between a will and a trust? A will distributes assets after death, while a trust manages assets during life and can avoid probate.

7. Should I consult with an attorney to create my will? Consulting with an attorney is highly recommended to ensure your will is legally sound and accurately reflects your wishes.