topic Who usually has original copy of a Will? in Among Friends

Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 03:50:46 GMT

I am almost finished with my Dad's Estate. I would be finished except for the IRS questioning things about his final tax return. The accountant I used answered their questions, and I was told I am supposed to get a letter from them stating it is finished. This has been going on for months, and I still haven't gotten the letter. So I have kept some money IN CASE.

The attorneys have told me they are taking my Dad's case for wrongful death and negligence against the assisted living center. He passed away a few days after fracturing his hip and having complications. They have asked me for the original copy of his Will. I looked through the hundreds of papers I have, and don't see the original. I now have to ask my brother and unfortunately, his wife, as to whether they have the original. As Executor, I would imagine I should have been given it if they have it. But, some people don't do the right thing. I have been lied to in the course of administering the Estate (sister-in-law resents me being sole Executor), and I could be lied to again.

I have not told my brother about the legal action yet. I made that decision to wait until I knew if they were taking the case. So, now I need to ask him about the Will. The law firm can proceed without it, but it is way easier with it.

Who usually has the original? The client or the attorney? I can see them keeping it from me, but am not sure.

Hyacinth

Re: Who usually has original copy of a Will?

Scorpio1971 — Wed, 23 Jun 2021 04:02:45 GMT

@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.

Re: Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 04:21:42 GMT

@Scorpio1971 wrote:
@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.

@Scorpio1971

The attorney who handled his Will retired before my Dad's passing. His son worked with him, and I have been in touch with him. So, after I ask my brother, if he denies them having it, I will contact the son of my Dad's attorney (also an attorney).

There is a Will and Trust, and I am Executor and Trustee, but have copies of the papers. I could see my SIL hanging on to originals, even though she has no legal standing. I have caught her in lies throughout this process, but hopefully my telling them I will call his attorney will bring the truth. I cannot believe one person can almost destroy a very loving family, and I believe it has intensified my grief.

Hyacinth

Re: Who usually has original copy of a Will?

Scorpio1971 — Wed, 23 Jun 2021 04:39:17 GMT

@hyacinth003 wrote:
@Scorpio1971 wrote:
@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.
@Scorpio1971

The attorney who handled his Will retired before my Dad's passing. His son worked with him, and I have been in touch with him. So, after I ask my brother, if he denies them having it, I will contact the son of my Dad's attorney (also an attorney).

There is a Will and Trust, and I am Executor and Trustee, but have copies of the papers. I could see my SIL hanging on to originals, even though she has no legal standing. I have caught her in lies throughout this process, but hopefully my telling them I will call his attorney will bring the truth. I cannot believe one person can almost destroy a very loving family, and I believe it has intensified my grief.

Hyacinth

@hyacinth003

Sorry to hear of troubles with your SIL. I it was me I would just call directly to the attorney's son first before speaking with your brother & SIL. This way you get the answer directly from him and can AVOID ANY dealing with her if his office has it. Then if he says it was given to them you have the attorney's word to back you that it was given to them. Why cause yourself more grief if you can avoid it by calling attorney first. Good luck. I have SIL issues too all pertaining to my Mom's passing so I know it is difficult.

Re: Who usually has original copy of a Will?

LuvmyLab — Wed, 23 Jun 2021 04:46:37 GMT

Our lawyer has the original copy in his office safe. He gave us a binder with copies of all legal documents, (will, trust, etc) for us to keep. Usually you get the choice of whether you want the originals or if you want the lawyer to keep it. Our lawyer gave us the choice and we decided we'd have him keep the originals and we'd have a copy.

Re: Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 04:47:56 GMT

@Scorpio1971

I thought of just bypassing them too! However, I think it's time to tell my brother about my filing the lawsuit. If there were a setllement or whatever, he gets half whether I liked it or not! I would have shared it anyway, as it wouldn't have felt right to me.

I don't know whether he will like it or not that I have filed the lawsuit - you never know, especially with his wife yapping all the time. Since I am Executor, there is nothing he can do about it, but may need cooperation if their are depositions, etc. Some people feel his death was just a tragic accident and no one's fault. It took me well over a year to decide to file it. He suffered badly until he became unconscious, and that is what was my deciding factor.

Thanks,

Hyacinth

Re: Who usually has original copy of a Will?

Desertdi — Wed, 23 Jun 2021 05:45:46 GMT

State laws vary.

Re: Who usually has original copy of a Will?

Imaoldhippie — Wed, 23 Jun 2021 10:34:18 GMT

@hyacinth003 ............If he had a will made at an attorney's office then they should have it. If he did one on this own then who knows where it is. Are you sure he made a will? If you think someone else has it and you have no knowledge of its where abouts, then tell your attorney and let him/her take it from there.

If the attorney does file a wrongful death suit, you more than likely need to be prepared for a long time before anything will be settled and final.

Re: Who usually has original copy of a Will?

Somertime — Wed, 23 Jun 2021 11:49:23 GMT

I would avoid speaking personally with your brother at all costs. I would call the son of the attorney and ask if it is not available then let the accountant deal with the IRS. There is no need for the IRS to have the original will and your father's estate was disbursed under the Trust. In the four estates that I have filed a tax return for have never required an original will. The IRS is Federal, so it does not matter what the state's requirement is since it is the Federal return that is requesting it. I feel something got lost in the translation.

Regarding the lawsuit, I would not notify your brother, let the lawyers handle it and let the lawyers contact your brother if they need information from him.

Re: Who usually has original copy of a Will?

geezerette — Wed, 23 Jun 2021 12:17:27 GMT

In my experience (in different states) the client has always been given the originals of wills, trusts, and all other legal documents. Along with at least one copy.

Re: Who usually has original copy of a Will?

Shanus — Wed, 23 Jun 2021 12:53:14 GMT

@hyacinth003 Coincidentally, we spent the afternoon yesterday at our attorney's office checking and re-writing our will. When we arrived to the conference room, he had the copyof our will. We have the original in our home safe.

I remember that you posted here a long time ago about the difficulties you were having settling this estate. I feel so badly that your Dad's passing has caused so many issues for you. You should have been able to grieve with your family and not have all this aggravation.

***I hope the attorneys doing the wrongful death suit are doing it for a percentage (if you win) and not a fee per hour.

In my personal opinion, all information and documents should be shared with your brother, in an offer of peace. Keeping him in the dark can only cause more issues when and if the lawsuit is settled with or without monetary gain.

According to my DH, a tax accountant, because of COVID and extending tax return deadlines the last 2 years, the IRS is overwhelmed , impossible to even get a call back on simple questions. Many agents are still working from home without access to documents/letters. He has clients that are waiting since 2020 to get any closure to refunds, notices, etc.

I hope this is settled in a reasonable amount of time for you. It's been going on way too long.

Re: Who usually has original copy of a Will?

Hoovermom — Wed, 23 Jun 2021 14:25:10 GMT

@hyacinth003 : I have wondered what happened with the settling of your dad's estate with your SIL and brother, and thought it would have been done by now. Best wishes as you journey on.

Re: Who usually has original copy of a Will?

reiki604 — Wed, 23 Jun 2021 15:24:53 GMT

Who has the will that named you Executrix? Wouldn't that will be sufficient?

Re: Who usually has original copy of a Will?

Jk9 — Wed, 23 Jun 2021 15:53:35 GMT

@hyacinth003 Who keeps the original Will depends on your specific state law. In my state attorneys never keep the original Will or Trust document and these are given to the person for whom they are written. In fact, not having the original = not having a Will in my state.

Re: Who usually has original copy of a Will?

beckyb1012 — Wed, 23 Jun 2021 16:04:26 GMT

In Texas if the Estate is probated then the original will be kept forever and beyond in the Probate Court records. Back in the day there was actually a safe/vault where they were kept. When I would need to view a probated will I would have to look it up in a huge book to get the "coordinates" so to speak for the clerk to know where in the vault it was located. Now of course it much simpler. If we had clients that did not want to probate we gave them the choice to leave it with us or take home.

We encouraged people when they made their wills to leave original with us in our safe and give the other original to their Executor/rix.

Re: Who usually has original copy of a Will?

FrostyBabe1 — Wed, 23 Jun 2021 17:25:19 GMT

All of the originals of my estate planning documents are in the vault at my attorney's office. I have a binder containing copies of everything.

Re: Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 18:44:27 GMT

@Imaoldhippie wrote:
@hyacinth003 ............If he had a will made at an attorney's office then they should have it. If he did one on this own then who knows where it is. Are you sure he made a will? If you think someone else has it and you have no knowledge of its where abouts, then tell your attorney and let him/her take it from there.

If the attorney does file a wrongful death suit, you more than likely need to be prepared for a long time before anything will be settled and final.

@Imaoldhippie

He used an attorney for making his Will and Trust. My brother and I met with my Dad and his attorney when he informed us of its contents. He then told me I was named Executor. He changed his Will shortly after my Mother passed away.

Long story, but my brother and sister-in-law held on to his papers DESPITE my offers to take care of things. It was a huge source of resentment for me against my SIL, and my Dad did things he wouldn't have done when he was "himself." So when she was told (by me after checking with attorney) that I was the SOLE Executor (not my brother and I as co-Executors) she screamed at me and threw the papers at us. She ignored me at the service for my Dad, and lied to me about certain financial issues. So, it wouldn't shock me if they had the original copy. I do have copies though. It has not been an issue before.

I am aware that any lawsuit can take a lot of time. I contacted them in Nov., 2020, and they are just now getting to me about some things.

Hyacinth

Re: Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 18:55:22 GMT

@Somertime wrote:
I would avoid speaking personally with your brother at all costs. I would call the son of the attorney and ask if it is not available then let the accountant deal with the IRS. There is no need for the IRS to have the original will and your father's estate was disbursed under the Trust. In the four estates that I have filed a tax return for have never required an original will. The IRS is Federal, so it does not matter what the state's requirement is since it is the Federal return that is requesting it. I feel something got lost in the translation.

Regarding the lawsuit, I would not notify your brother, let the lawyers handle it and let the lawyers contact your brother if they need information from him.

@Somertime

The IRS does not have the Will. They wrote me a letter after my Dad's final tax return was filed. Since I had a CPA do the taxes, I handed the IRS letter to them, which they answered. The CPA told me the IRS should write me a letter releasing it from further action. This was done in February, and I still don't have that letter. I am still holding some Estate funds in the event the IRS says I owe more.

I don't feel right about not telling my brother about the lawsuit. I haven't done it as yet because I wasn't sure they would even take the case. Now that they've told me they are, I feel I should tell him. If I don't, maybe I do lose my brother for good. That is still a possibility with his wife's hostility toward me. I have been through a lot of grief with this, but I know it may happen. He could be waiting until the Estate is totally settled and dump me from his life. But if there were to be a settlement in the lawsuit, he still would get half. I am doing all the work, but he would still get it. I would have done it anyway. I will not dishonor my Dad in any way.

Hyacinth

Re: Who usually has original copy of a Will?

hyacinth003 — Wed, 23 Jun 2021 19:00:40 GMT

@reiki604 wrote:
Who has the will that named you Executrix? Wouldn't that will be sufficient?

@reiki604

I have copies of the Will and Trust. But after examining the papers, none look like the original. So, either the original is with the attorney, or my brother and his wife kept them. I didn't think about it, but I should have gotten the original (if they had them) with all other documents.

Hyacinth

Re: Who usually has original copy of a Will?

Icegoddess — Wed, 23 Jun 2021 19:08:41 GMT

My father kept his in a lock box at the bank. We originally tried to get in touch with his then-retried attorney and that was where he told us to look. I don't know if my father had it because his attorney had retired or if that is how it is normally done in that state.