Re: Who usually has original copy of a Will?

GenXmuse · ‎05-15-2016

What happens when your brother finds out? This whole thing sounds sketchy and motivated by money.

hyacinth003 · ‎03-12-2010

@GenXmuse wrote:
What happens when your brother finds out? This whole thing sounds sketchy and motivated by money.

I don't get what you think is "sketchy." I am now going to tell him that I have filed the lawsuit. I am legally my Dad's "personal representative." I didn't tell him before because I didn't know if they were going to take the case. They don't take every case. Oh, and he will get half if there is any settlement. So, there is NO downside for my brother. I have disbursed almost all of the Estate's funds and the lawsuit is filed in Court.

My Dad suffered greatly and died in a few days after his hip fracture. The Courts want original documents, and even though I am Executor, I don't have them. The only other people who could possibly have them is my brother/wife. So I am trying to ask them if they do have them.

Motivated by money? There is NO amount of money that will make me grieve less over what happened to and the loss of my Dad. I just read that the wife of Kobe Bryant settled over the death of her husband and daughter in a helicopter crash. I'm sure she must have been motivated by money also.

Hyacinth

ROMARY · ‎04-28-2010

In general, it's probably a good idea to have a trusted attorney's office keep a will.

That way, the wrong person won't get it and, who knows, tear it up, or whatever.

Just to make trouble, as some people do.

Anyway, wishing O/P the best of luck and peace.

'More or less', 'Right or wrong', 'In general', and 'Just thinking out loud ' (as usual).

Lipstickdiva · ‎03-10-2010

@hyacinth003 , I thought you probated your father's estate with the Court? If that is the case, they would have the original Will wouldn't they? In Ohio we have to submit the original Will to the Court when we file the initial papers to open an estate.

Otherwise, while we typically keep the original Wills in a fire proof safe in our office, some people insist on taking the originals and then obviously we never know what happens to them.

Very, very infrequently an original Will is deposited with the Probate Court while the person is still alive. But that doesn't happen often at all.

We never advise anyone to put a Will in their safe deposit box. Once a person dies, no one but the owner has access to that box anymore and you have to go through the Court and get an order to gain entry to the box.

Cathyshopper · ‎03-09-2010

@hyacinth003 wrote:
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

Hyacinth,

I don't have time to read all the replies, but if you were already appointed as Personal Rep (you say you are almost finished with his estate), then the Court where you probated and were appointed would have the original Will filed there.

If an Estate administration has not yet been commenced (which doesn't make sense since you say you are almost finished his Estate), then the original Will should have been kept somewhere safe by your father. We recommend testators tell their close relatives the location of their original Will and we don't recommend that an attorney hold it for them (they can switch firms, docs can be misplaced during moves, etc).

Again, I don't have time to read replies so I apologize if I'm repeating something you were already told.

NicksmomESQ · ‎08-19-2014

DH & I have certified wills.Our original wills are in a fireproof box in our home. Also our attorney had our wills certified with the probate court in our county.They have it on file there too.

CelticCrafter · ‎03-09-2010

@Lipstickdiva wrote:
@hyacinth003 , I thought you probated your father's estate with the Court? If that is the case, they would have the original Will wouldn't they? In Ohio we have to submit the original Will to the Court when we file the initial papers to open an estate.

Otherwise, while we typically keep the original Wills in a fire proof safe in our office, some people insist on taking the originals and then obviously we never know what happens to them.

Very, very infrequently an original Will is deposited with the Probate Court while the person is still alive. But that doesn't happen often at all.

We never advise anyone to put a Will in their safe deposit box. Once a person dies, no one but the owner has access to that box anymore and you have to go through the Court and get an order to gain entry to the box.

@Lipstickdiva I asked that same question and didn't get an answer.

Andreatoo · ‎04-04-2014

@hyacinth003

I work for a probate and real estate attorney. The client always gets the original document and we keep a copy in the file. Perhaps your father had a safe deposit box?

Cathyshopper · ‎03-09-2010

@CelticCrafter wrote:
@Lipstickdiva wrote:
@hyacinth003 , I thought you probated your father's estate with the Court? If that is the case, they would have the original Will wouldn't they? In Ohio we have to submit the original Will to the Court when we file the initial papers to open an estate.

Otherwise, while we typically keep the original Wills in a fire proof safe in our office, some people insist on taking the originals and then obviously we never know what happens to them.

Very, very infrequently an original Will is deposited with the Probate Court while the person is still alive. But that doesn't happen often at all.

We never advise anyone to put a Will in their safe deposit box. Once a person dies, no one but the owner has access to that box anymore and you have to go through the Court and get an order to gain entry to the box.
@Lipstickdiva I asked that same question and didn't get an answer.