Trust & Estate Quick Tip #10 – Where should I store my estate planning documents?

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Estate planning is the process of designating your assets and responsibilities in the event of your death or incapacitation. No matter how large or modestly-sized the estate, it is important to provide instructions to ensure your wishes are carried out.

Examples of estate planning documents are:

1. A last will and testament

2. A durable power of attorney

3. A living will or healthcare surrogate

4. A revocable living trust

5. A certificate of trust

At SJF Law Group, we help store our client’s important estate planning documents in their original form in our Plantation office inside fireproof safes.

The will is the most important original document because the original will be needed if your estate is to go through probate court.

The presumption is that you revoked your will if the original will cannot be found. There is a process to prove that you did not revoke your will, but it is a tedious process to go through.

The other important original estate planning documents are the trust and the durable powers of attorney. The durable powers of attorney are important for real estate purposes.

If you choose to take your original documents with you, options can include storing them in a file cabinet or safety deposit box. However, safety deposit boxes are a hassle to get into upon your death, especially if your loved ones do not know about your safety deposit box. It can be even more of an issue if the family does not live close by and is required to physically go into the bank for the safety box as well as needing to know where the key is to open it.

It is recommended to store your will somewhere in your primary residence and have it clearly labeled so it can be easily found if needed. It is also recommended to let somebody know about your will and where it is stored. However, we do not recommend handing out copies of your will to your friends and family to have.

If you have any further questions regarding this topic, please comment below or email us at info@estateandprobatelawyer.com.

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