Wednesday, January 12, 2011

Estate Planning Mistakes - Number Nineteen


It is important the original Will is maintained in a secure place. If my clients keep the original, it must be either in a safety deposit box or a fireproof safe at their home. Otherwise, the attorney preparing the Will may maintain it. The original is needed at the time of death.

BUT, what happens if the original Will can not be found. You have to overcome the court's presumption that the Will was intentionally destroyed by the deceased. You would have to show that the original was not with the deceased. Further, you would have to present a photocopy is available and have person who wrote the Will, the attorney, available to testify as to the contents of the Will.

SO, you DO NOT want to misplace the original Will. It will cost you if you do. Contact us so that we can guide you through the estate planning process.

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