<div dir="ltr"><div><div>Thank you all for the additional thoughts on this today! You've provided a lot of good, varied, and helpful information to think about in deciding what's best for the client.<br><br></div>Kind Regards,<br><br></div>Tom W<br></div><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Mar 7, 2016 at 3:51 PM, Thomas E. Gates <span dir="ltr"><<a href="mailto:tegatesesq@gmail.com" target="_blank">tegatesesq@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Thank you for providing the form. Very informative and has me thinking how I can incorporate it in my practice. Thanks again.<br>
<br>
Tom<br>
<br>
Sent from my iPad<br>
<div class="HOEnZb"><div class="h5"><br>
> On Mar 7, 2016, at 11:16 AM, Mike Winslow <<a href="mailto:mike@winslegal.com">mike@winslegal.com</a>> wrote:<br>
><br>
> Having experienced too many problems with clients losing their EP docs, I<br>
> retain in my fire proof safe with written permission of client. I also have<br>
> in place that in the event of my untimely demise, the original will be<br>
> transferred to another law firm in town.<br>
> The form below is what I use for retention. Undoubtedly, it is imperfect and<br>
> someone will find fault, but I guess that's what we lawyers do......<br>
><br>
> ATTORNEY DIRECTIVE REGARDING RETENTION AND RELEASE<br>
> OF ESTATE PLANNING DOCUMENTS<br>
><br>
> I, , a client of Michael A. Winslow, having executed on this date<br>
> certain legal estate planning documents including the following:<br>
><br>
> . Last Will & Testament;<br>
> . Community Property Agreement;<br>
> . Durable Power of Attorney;<br>
> . Durable Power of Attorney for Health Care; and<br>
> . Directive to My Family and My Physicians.<br>
><br>
> have requested that you retain my estate planning documents in your<br>
> fireproof safe for safekeeping.<br>
><br>
> A. I will, therefore, keep you informed of any change in my<br>
> address. I will also inform<br>
> you if I no longer require you to hold my original documents or if they have<br>
> been superseded by subsequent estate planning documents.<br>
><br>
> B. I understand that by doing so, you will take reasonable<br>
> steps to protect these<br>
> documents from destruction and that they will be held in a fireproof safe.<br>
> I also understand that no such protective measures are an absolute bar to<br>
> destruction and that I should retain a copy of my estate planning documents<br>
> in a safe place to be referred to in the unlikely event that the originals<br>
> are destroyed.<br>
><br>
> C. I further understand that by retaining the originals of my<br>
> documents, you will not<br>
> automatically inform me of changes in estate or financial planning laws,<br>
> regulations or practices, and that it is my responsibility to review my<br>
> documents on a regular basis and inquire if changes are advisable. I<br>
> understand that the volume of estate planning documents prepared by you, my<br>
> attorney, is great and it would be impractical, expensive to me and<br>
> extremely difficult for you to review all estate planning documents in your<br>
> safekeeping for recommended modification. I accept as my responsibility the<br>
> need to review my own documents on a regular basis and to inform you if<br>
> changes in my situation (e.g. births, deaths, change in marital status,<br>
> change in value or types of assets, contemplation of the need for long-term<br>
> nursing care, etc.) may require review by you. I also understand that mere<br>
> passage of time is a change warranting review and that I should look over<br>
> these documents at least every two years.<br>
><br>
> D. Included in the documents held by you are Powers of Attorney<br>
> forms which provide<br>
> for the appointment of a person or persons to act for me as my agent for<br>
> health care matters and/or for business matters. With respect to these<br>
> documents, I hereby direct and authorize Michael A. Winslow as follows:<br>
><br>
> 1. If at any future time you are contacted by my<br>
> designated agent, you are authorized to conduct such inquiry as you believe<br>
> appropriate to determine if delivering the original or a copy of any Power<br>
> of Attorney or other document to such person or others is appropriate. You<br>
> understand that I may not have informed my agent of the existence of the<br>
> Power of Attorney for many reasons which do not reflect on my trust and<br>
> confidence in such agent.<br>
><br>
> 2. If at any future time that you are contacted by my<br>
> designated agent, you are authorized to conduct such inquiry as you believe<br>
> appropriate to determine if I am disabled as defined in my Power of<br>
> Attorney, including requesting a written statement from my treating<br>
> physician in a form which meets the requirement of my Power of Attorney; and<br>
><br>
> 3. I acknowledge that in undertaking the foregoing<br>
> actions on my behalf or for my protection, and in the ordinary course of<br>
> working with my agent, you may be obligated to divulge confidential<br>
> communications received in the course of your attorney-client relationship<br>
> with me, and I authorize you, in your discretion, to do so where reasonable<br>
> or necessary to protect my wishes and interests.<br>
><br>
> E. Notwithstanding the above, included in the documents held by<br>
> you are a Health Care<br>
> Directive and Health Care Power of Attorney (which may be a part of a Power<br>
> of Attorney for business and health care matters). With respect to these<br>
> documents, I hereby direct and authorize Michael A. Winslow as follows:<br>
><br>
> 1. If at any future time you are contacted by any<br>
> family member, emergency personnel, health care provider or other person who<br>
> states that an emergency or medical situation exists where any one or more<br>
> of these documents are needed, you are authorized to conduct such inquiry as<br>
> you believe appropriate to determine if delivering the original or a copy of<br>
> any document to such person or others is appropriate; however, because time<br>
> may be of the essence, you are authorized to conduct such inquiry by phone<br>
> or otherwise and need not inquire beyond the person contacting you.<br>
><br>
> 2. Because I recognize the need to act quickly and<br>
> acknowledge that such action is more likely to result in release of<br>
> otherwise confidential information to third parties than otherwise would be<br>
> the case, I hereby release you from any obligation to conduct inquiry other<br>
> than what you deem appropriate under the circumstances after talking with<br>
> the requesting party.<br>
><br>
> In witness of this, I have signed on the _____ day of .<br>
><br>
><br>
><br>
> ____________________________________<br>
><br>
> Michael A. Winslow<br>
> 1204 Cleveland Ave.<br>
> Mount Vernon, WA 98273<br>
> Ph. <a href="tel:360-336-3321" value="+13603363321">360-336-3321</a><br>
> Em. <a href="mailto:Mike@winslegal.com">Mike@winslegal.com</a><br>
><br>
> This message is from an attorney, so it's confidential. If you are not the<br>
> intended recipient, it's too late to stop reading this message, but you may<br>
> not use it for any improper purpose. Huge Disclaimer available upon request.<br>
><br>
> -----Original Message-----<br>
> From: <a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a><br>
> [mailto:<a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a>] On Behalf Of Eric Nelsen<br>
> Sent: Monday, March 07, 2016 10:11 AM<br>
> To: WSBA Probate & Trust Listserv<br>
> Subject: Re: [WSBAPT] Original Wills<br>
><br>
> I LOVE that solution to the original Will storage problem, at least for ones<br>
> kept by the attorney. But can we make it comply with RPCs regarding<br>
> preservation of client property? Maybe it would require a signed agreement<br>
> from the client ahead of time, acknowledging that the original Will would be<br>
> scanned and destroyed after ___ years, but that destruction would not revoke<br>
> it?<br>
><br>
> It also brings to mind - at some point the technology changes should have an<br>
> impact on the significance of an original Will. I can foresee the eventual<br>
> creation of an electronic Will, once equivalent procedures for security,<br>
> authentication, intent, capacity, etc. are worked out.<br>
><br>
> Sincerely,<br>
><br>
> Eric<br>
><br>
> Eric C. Nelsen<br>
> SAYRE LAW OFFICES, PLLC<br>
> 1320 University St<br>
> Seattle WA 98101-2837<br>
> phone <a href="tel:206-625-0092" value="+12066250092">206-625-0092</a><br>
> fax <a href="tel:206-625-9040" value="+12066259040">206-625-9040</a><br>
><br>
> -----Original Message-----<br>
> From: <a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a><br>
> [mailto:<a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a>] On Behalf Of Thomas M. Culbertson<br>
> Sent: Monday, March 07, 2016 9:47 AM<br>
> To: 'WSBA Probate & Trust Listserv'<br>
> Subject: Re: [WSBAPT] Original Wills<br>
><br>
> The practice of attorneys keeping original wills seems to be increasingly<br>
> frowned upon (by the WSBA, some E&O carriers, my partners who wonder why we<br>
> pay for all these large safe deposit boxes), but I still think the clients<br>
> are best served by us keeping them. I give my clients the choice and I bet<br>
> 98% opt to have us keep them. Clients can't be trusted to keep them (at<br>
> home, I can't either), and there is always the risk of a black sheep family<br>
> member getting a hold of it when Mom goes to a nursing home or hospice. I<br>
> have had more than one family member tell me that "I know Mom had a will<br>
> which disinherited brother, but I can't find it anywhere."<br>
><br>
> One possible solution I've toyed with. A lost original is presumed to have<br>
> been destroyed with intent to revoke, but as we all know the presumption is<br>
> rebuttable. If we as a firm had a policy of destroying all original wills<br>
> more than ___ years old but keeping a digital copy, wouldn't an affidavit to<br>
> the effect that that's why the original is gone be more than enough to<br>
> overcome the presumption? If I time things right, my firm will adopt such a<br>
> policy and not have to present such an affidavit until sometime after I<br>
> retire.<br>
><br>
> ________________________________________<br>
> THOMAS M. CULBERTSON I Lukins & Annis, PS<br>
> 717 W. Sprague Ave, Suite 1600, Spokane, WA 99201<br>
> <a href="tel:%28509%29%20455-9555" value="+15094559555">(509) 455-9555</a> I fax <a href="tel:%28509%29%20363-2500" value="+15093632500">(509) 363-2500</a> I <a href="mailto:tculbertson@lukins.com">tculbertson@lukins.com</a><br>
><br>
><br>
> -----Original Message-----<br>
> From: <a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a><br>
> [mailto:<a href="mailto:wsbapt-bounces@lists.wsbarppt.com">wsbapt-bounces@lists.wsbarppt.com</a>] On Behalf Of Melinda Grout<br>
> Sent: Monday, March 07, 2016 9:11 AM<br>
> To: WSBA Probate & Trust Listserv<br>
> Subject: Re: [WSBAPT] Original Wills<br>
><br>
> Good morning all.<br>
><br>
> Having assisted in the wrapping up of two practices of attorneys who died,<br>
> and dealing with original documents of clients who have moved, etc, I have<br>
> learned that the practice of sending ALL original wills and other documents<br>
> home with the client serves them best. The alternative would be filing in<br>
> the court's Will Repository. I always include in my conversation with<br>
> clients, at the time of execution of the documents, a detailed conversation<br>
> about where to keep their originals, essentially giving the advice that I<br>
> have seen many give in this thread. Also, I cannot count the number of<br>
> clients who are not able to retrieve originals from prior attorneys because<br>
> the attorney retired or change firms, etc. I have also seen unethical<br>
> attorneys who simply keep the originals as a veiled marketing strategy,<br>
> since clients then have to to come back to them when in need of updates,<br>
> probate, etc.<br>
><br>
> Just my opinion on the subject after (what I hate to admit are) decades of<br>
> experience... ;)<br>
><br>
> Melinda Grout<br>
><br>
><br>
><br>
> _______________________________________________<br>
> WSBAPT mailing list<br>
> <a href="mailto:WSBAPT@lists.wsbarppt.com">WSBAPT@lists.wsbarppt.com</a><br>
> <a href="http://mailman.fsr.com/mailman/listinfo/wsbapt" rel="noreferrer" target="_blank">http://mailman.fsr.com/mailman/listinfo/wsbapt</a><br>
><br>
><br>
> --<br>
> This message has been scanned for viruses and dangerous content by Lukins &<br>
> Annis, P.S.<br>
><br>
> NOTICE: This email may contain confidential or privileged material, and is<br>
> intended solely for use by the above referenced recipient. Any review,<br>
> copying, printing, disclosure, distri- bution, or any other use, is strictly<br>
> prohibited.<br>
><br>
> If you are not the recipient, and believe that you have received this in<br>
> error, please notify the sender and delete the copy you received.<br>
><br>
> Thank You!<br>
><br>
><br>
><br>
> _______________________________________________<br>
> WSBAPT mailing list<br>
> <a href="mailto:WSBAPT@lists.wsbarppt.com">WSBAPT@lists.wsbarppt.com</a><br>
> <a href="http://mailman.fsr.com/mailman/listinfo/wsbapt" rel="noreferrer" target="_blank">http://mailman.fsr.com/mailman/listinfo/wsbapt</a><br>
><br>
><br>
> _______________________________________________<br>
> WSBAPT mailing list<br>
> <a href="mailto:WSBAPT@lists.wsbarppt.com">WSBAPT@lists.wsbarppt.com</a><br>
> <a href="http://mailman.fsr.com/mailman/listinfo/wsbapt" rel="noreferrer" target="_blank">http://mailman.fsr.com/mailman/listinfo/wsbapt</a><br>
><br>
><br>
> _______________________________________________<br>
> WSBAPT mailing list<br>
> <a href="mailto:WSBAPT@lists.wsbarppt.com">WSBAPT@lists.wsbarppt.com</a><br>
> <a href="http://mailman.fsr.com/mailman/listinfo/wsbapt" rel="noreferrer" target="_blank">http://mailman.fsr.com/mailman/listinfo/wsbapt</a><br>
<br>
<br>
_______________________________________________<br>
WSBAPT mailing list<br>
<a href="mailto:WSBAPT@lists.wsbarppt.com">WSBAPT@lists.wsbarppt.com</a><br>
<a href="http://mailman.fsr.com/mailman/listinfo/wsbapt" rel="noreferrer" target="_blank">http://mailman.fsr.com/mailman/listinfo/wsbapt</a><br>
</div></div></blockquote></div><br><br clear="all"><br>-- <br><div class="gmail_signature"><div dir="ltr"><div><br>Tom White<br></div><div>Attorney-At-Law<br></div><div>Seattle, Washington<br></div></div></div>
</div>