[WSBAPT] Original Wills

[Teunis J. Wyers]

You folks have discussed the disadvantages of storing wills in safe deposit
boxes.  My advice to clients about use of a "fireproof" box at home is that
if it is small enough to be picked up and carried off, that is exactly what
a burglar, or a nefarious family member, will do.  Some people have gun
safes, which are huge and heavy; for clients who own those, I recommend
storage there.

A fundamental problem with clients retaining possession or control of
original unrecorded estate planning documents is that they cannot be
trusted.  It is not uncommon for an elderly or lonely or irrational person
to decide to attempt an amendment, with scissors and tape or whatever
method seems to make sense at the time, not knowing that he or she may be
revoking the document entirely.

Many of my clients opt to have me retain their original documents.  I do
not charge for that service.  It is also my practice to reach out to all
estate planning clients every 4 or 5 years to request a plan review.  This
practice provides the clients regular reminders that I have their
documents, and gives me the opportunity to make the routine upgrades that
make an estate plan work as intended when the time comes.

On Sat, Mar 5, 2016 at 9:24 AM, Tom White <thomas.henry.white at gmail.com>
wrote:

> Thank you, Lisa, Kokie, Sarah, and others.  Very helpful.
>
> Regards,
>
> Tom White
>
> On Sat, Mar 5, 2016 at 3:55 AM, attorneytoner <attorneytoner at earthlink.net
> > wrote:
>
>> I now advise clients to keep originals in a safe deposit box or home
>> safe, and make sure the PR has access. I sometimes use duplicate originals
>> if the client doesn't have a safe place or there is danger of losing
>> documents in moves.
>>
>> -------- Original message --------
>> From: Lisa Schuchman <lisa at lisaschuchman.com>
>> Date: 03/04/2016 3:58 PM (GMT-08:00)
>> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> Subject: Re: [WSBAPT] Original Wills
>>
>> At the start of my practice, I learned from my mentors to keep original
>> wills for clients. After 20+ years I had so many I realized it didn't make
>> sense to be liable for them. This became clearer when I tried to contact
>> all the testators to return them. After search, clerical and mailing costs
>> I still had too many (maybe 150). I have to keep these till I retire and
>> then I'll have to pay to file them at court. Now I talk to clients about
>> alternatives for safekeeping and making sure someone has knowledge and
>> access.
>>
>> It had never occurred to me to create duplicate originals till I probated
>> an original will and learned that the estate planning attorney also had an
>> original. It turned out to be the same will but almost caused a lot of
>> confusion. I think it's a mistake, though I'm open to learning how it could
>> be useful.
>>
>> Lisa E. Schuchman
>> 206-325-2801
>> www.lisaschuchman.com
>>
>> Do something for somebody every day for which you do not get paid. –Albert Schweitzer
>>
>>
>> On Mar 4, 2016, at 2:29 PM, Tom White <thomas.henry.white at gmail.com>
>> wrote:
>>
>> Dear List:
>>
>> I am wondering what the best practice is for original wills.  How many do
>> you ordinarily make and where are they kept?
>>
>> Do you only make one, and if so where do you keep it?  Do you recommend
>> the client keep it or do you deposit it with the court?
>>
>> Regards,
>>
>> --
>>
>> Tom White
>> Attorney-At-Law
>> Seattle, Washington
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>
>
>
> --
>
> Tom White
> Attorney-At-Law
> Seattle, Washington
>
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-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
     216 Columbia St. - P.O. Box 917
     Hood River, OR 97031
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     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

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