[WSBAPT] Original Wills

Mon Mar 7 09:54:23 PST 2016

Thank goodness I learned early on to give all original documents to clients.  An article appeared in the bar journal (this was back in Oregon) with that advice,  and I gathered up my five or so years worth of original Wills and sent them to their owners with the requisite US mail precautions.  Even with the modest number of Wills I had then,  it was onerous.  But as an illustration of the wisdom of that practice,  I moved to Washington a few years later,  went on inactive status with the Oregon bar,  and vanished from the lives and minds of my Oregon clients.  Thankfully I hadn’t obligated myself to pointlessly and confusingly store their original Wills.

I always give clients a closing letter with suggestions on where to store documents,  and cautions about amending them.  When a client asks about a firebox at home,  I recommend one that locks with a key,  and I tell them to leave the key in the lock.  That way a burglar can dump the box out on the floor and see it contains nothing valuable.

Yes,  clients may lose or improperly alter documents.  I had to decide how much of my own time and liability I was willing to devote to preventing that.  

I do keep a copy of all executed documents,  and I’ve had to probate my copy of the lost Will once or twice.  

Regards,

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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From: Teunis J. Wyers 
Sent: Monday, March 07, 2016 8:51 AM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Original Wills

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
     (541)386-2210/610-1520 (fax)
Washington Office:

     218 E. Steuben St. - P. O. Box 421
     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

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