Re: Who usually has original copy of a Will?

Shanus · ‎05-17-2010

@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.

Hoovermom · ‎03-19-2010

@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.

reiki604 · ‎03-09-2010

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

'I refuse to engage in a battle of wits with an unarmed man'.......Unknown

Jk9 · ‎07-18-2013

@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.

If my dog doesn't like you, neither do I.

beckyb1012 · ‎03-09-2010

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.

"Live frugally, but love extravagantly."

FrostyBabe1 · ‎05-09-2016

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.

~The more someone needs to brag about how wonderful, special, successful, wealthy or important they are, the greater the likelihood that it isn't true. ~

hyacinth003 · ‎03-12-2010

@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

hyacinth003 · ‎03-12-2010

@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

hyacinth003 · ‎03-12-2010

@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

Icegoddess · ‎03-19-2010

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.