Author Topic: Where should I put my will?  (Read 2688 times)

HipGnosis

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Where should I put my will?
« on: December 06, 2022, 01:24:45 PM »
I don't know who else to ask this, or where...

Where should I put my will (AKA & trust) so it will be found and followed?

I'm FIRE.  I'm single.   I was in the USAF for 20 yrs, and now my daughters are 1,000 miles away. 
I'm not physically or emotionally close to my family (which was a big part of me going into the USAF).

Do I just put it in my file cabinet in a manila envelope with "WILL" written on it in big, bold letters??

GilesMM

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Re: Where should I put my will?
« Reply #1 on: December 06, 2022, 01:31:05 PM »
Your attorney should retain a copy.

Blue Skies

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Re: Where should I put my will?
« Reply #2 on: December 06, 2022, 03:12:46 PM »
Send a copy of it to each of your daughters?
We have a copy of the wills for each of our parents.

secondcor521

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Re: Where should I put my will?
« Reply #3 on: December 06, 2022, 03:34:22 PM »
When you pass away, the probate court is going to want to see the original actual will with your "wet ink" signature.  They don't want to see a copy.  So wherever you put the original, make sure your executor knows where it is so they can give it to the court in order to probate it.

I personally keep my original will in my filing cabinet in my "Death" folder.  I believe my Dad's estate planning attorney has my Dad's original will.

Safety deposit boxes are usually recommended against, because the bank might not let anyone access it if they know you've passed away.

hdatontodo

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Re: Where should I put my will?
« Reply #4 on: December 06, 2022, 03:41:16 PM »
I don't know who else to ask this, or where...

Where should I put my will (AKA & trust) so it will be found and followed?

I'm FIRE.  I'm single.   I was in the USAF for 20 yrs, and now my daughters are 1,000 miles away. 
I'm not physically or emotionally close to my family (which was a big part of me going into the USAF).

Do I just put it in my file cabinet in a manila envelope with "WILL" written on it in big, bold letters??
Google output

Each of Maryland's 24 jurisdictions has an office called the Register of Wills. One of the services these offices provide is to store your Last Will and Testament for safekeeping. This is a lifetime, confidential service for the storage of your will.

Ask an estate attorney perhaps for other states.

Sent from my SM-G991U1 using Tapatalk

scottish

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Re: Where should I put my will?
« Reply #5 on: December 06, 2022, 03:41:16 PM »
We keep ours in our safety deposit box.   The box is jointly owned with the executors though.

I second the comment that the probate court will want to see the original, not a copy.   And don't lose the witness' affidavit, either.

Not sure what we'd do if we expected inheritance drama though.   Possibly find a professional to be the executor.

former player

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Re: Where should I put my will?
« Reply #6 on: December 06, 2022, 03:44:03 PM »
I've left copies with my executors who are also my nearest relatives, otherwise I'd leave it with the nearest firm of lawyers that do wills, on the ground that anyone searching for a will would start phoning all the closest lawyers.

I suppose what I also need to do now is make sure its easy for emergency services etc. to find out who my next of kin are.

nereo

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Re: Where should I put my will?
« Reply #7 on: December 06, 2022, 05:10:13 PM »
You need to name an executor. This can be a family member, friend, or simply a work colleague. He or sure must have the wet signature of the will.

To minimize conflicts, you should notify your daughters (In writing or an email) who the executor is. You do not need to disclose what you will stipulates (even to your executor) if you don’t wish.

Ladychips

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Re: Where should I put my will?
« Reply #8 on: December 06, 2022, 05:14:10 PM »
My will is in my safe.  My safe code is in my safe deposit box which I share with my executor.

Tigerpine

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Re: Where should I put my will?
« Reply #9 on: December 06, 2022, 05:56:21 PM »
I found this article from Legal Zoom.
https://www.legalzoom.com/articles/where-should-i-keep-my-last-will

They suggest to keep it with one the following:
    • File with Probate Court
    • File with your Attorney
    • Home Safe

    I checked for Massachusetts Probate Court, and it's not obvious that this is an option here. However, it is listed under the various court fees.  It's $75 to file your will in MA while you're alive, btw.  There's no court charge to replace your will with an updated one.

    Check for your state.  Filing with probate court is probably the best option.
« Last Edit: December 06, 2022, 05:59:18 PM by Tigerpine »

iris lily

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Re: Where should I put my will?
« Reply #10 on: January 18, 2023, 11:23:58 AM »
We have a bag, a large bag, we call “the legacy bag. “

Our in-town  executor knows where it is.

wenchsenior

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Re: Where should I put my will?
« Reply #11 on: January 19, 2023, 10:33:23 AM »
I always find it vaguely amusing that people assume everyone has an attorney as a default part of life.

(I understand that most people need an attorney to draw up the plans in the first place, but apart from that it aways sounds funny to me, who has never even spoken to an attorney in a professional capacity and has never needed one in my life, nor has my husband, in his early 60s).

Kris

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Re: Where should I put my will?
« Reply #12 on: January 19, 2023, 12:02:14 PM »
We have our original in a fire-proof safe. My elder stepdaughter and DH's brother have both been informed of where it is and the combination.

couponvan

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Re: Where should I put my will?
« Reply #13 on: January 19, 2023, 02:03:56 PM »
How about financial POA where your spouse has the financial POA but they aren't supposed to use it unless you are incapacitated? 

We literally just finished signing all of these documents, and I am debating taking the original of that one to my sister's house and letting her hold it until such time as my spouse might actually need it to make financial decisions for me.  Otherwise, playing devil's advocate, he could just take everything and give it to his "girlfriend" behind my back. Something that did happen to a friend of mine.

The will and trust we will keep in our safe, which we each know the code to.  The POA, just makes me question my distrustfulness.

secondcor521

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Re: Where should I put my will?
« Reply #14 on: January 19, 2023, 04:59:00 PM »
How about financial POA where your spouse has the financial POA but they aren't supposed to use it unless you are incapacitated? 

We literally just finished signing all of these documents, and I am debating taking the original of that one to my sister's house and letting her hold it until such time as my spouse might actually need it to make financial decisions for me.  Otherwise, playing devil's advocate, he could just take everything and give it to his "girlfriend" behind my back. Something that did happen to a friend of mine.

The will and trust we will keep in our safe, which we each know the code to.  The POA, just makes me question my distrustfulness.

Your POA should be someone you trust.

If you don't trust your POA, then either (a) change your POA to someone you do trust, or (b) find a way to trust your POA.

Radagast

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Re: Where should I put my will?
« Reply #15 on: January 19, 2023, 05:08:28 PM »
I keep mine in my head.

Shinplaster

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Re: Where should I put my will?
« Reply #16 on: January 20, 2023, 10:41:11 AM »
How about financial POA where your spouse has the financial POA but they aren't supposed to use it unless you are incapacitated? 

We literally just finished signing all of these documents, and I am debating taking the original of that one to my sister's house and letting her hold it until such time as my spouse might actually need it to make financial decisions for me.  Otherwise, playing devil's advocate, he could just take everything and give it to his "girlfriend" behind my back. Something that did happen to a friend of mine.

The will and trust we will keep in our safe, which we each know the code to.  The POA, just makes me question my distrustfulness.

Our lawyer is the guardian of both our wills and POAs.   The POA for either of us can only be triggered if an attending physician confirms that we are incapacitated and can no longer make decisions for ourselves.    Once the lawyer receives the confirmation, he will release the POA.   I trust Mr. SP, but we still did it this way at our lawyer's suggestion.  He's also a family lawyer, and he's seen some stuff.  Hence the caveat that it must be an attending physician, and not just a 'friend of the family' physician.     We have copies in our possession, but not the originals.

nereo

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Re: Where should I put my will?
« Reply #17 on: January 20, 2023, 12:23:37 PM »
I keep mine in my head.
In other words, you don't have one.  Just genuinely curious as to why?

Greystache

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Re: Where should I put my will?
« Reply #18 on: January 21, 2023, 09:11:09 AM »
A few years ago, we had a comprehensive estate planning set of documents prepared. It includes a will, living trust, POA, medical directives, etc.  The attorney who prepared the docs kept a copy. We gave our kids copies and put the originals in our safe. I'm guessing the kids have misplaced the copies by now, and have lost the combination to the safe. But no worries, my son is locksmith and I'm sure he could crack the safe in minutes.

https://www.youtube.com/watch?v=5PRObNi4KiU

nereo

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Re: Where should I put my will?
« Reply #19 on: January 21, 2023, 10:33:18 AM »
A few years ago, we had a comprehensive estate planning set of documents prepared. It includes a will, living trust, POA, medical directives, etc.  The attorney who prepared the docs kept a copy. We gave our kids copies and put the originals in our safe. I'm guessing the kids have misplaced the copies by now, and have lost the combination to the safe. But no worries, my son is locksmith and I'm sure he could crack the safe in minutes.

This has all the ingredients of a dark comedy

TomTX

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Re: Where should I put my will?
« Reply #20 on: January 24, 2023, 02:36:49 PM »
As little as possible should be in your will.

All financial accounts should have a POD beneficiary. This entirely bypasses the will/probate/bullshit.

iris lily

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Re: Where should I put my will?
« Reply #21 on: February 04, 2023, 07:45:36 AM »
As little as possible should be in your will.

All financial accounts should have a POD beneficiary. This entirely bypasses the will/probate/bullshit.

Revocable trust also bypasses probate.

The “stuff” we all have (chairs, hammers, cats) are not assignable so ya need a will for that stuff, but your message implicitly acknowledges that. We do not have much of our assets tied ip in that stuff.

Isn’t real estate a tricky one, though? I think You can assign titles to others if you die, but depends on your state. I think, not sure.
« Last Edit: February 04, 2023, 07:51:40 AM by iris lily »

Tigerpine

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Re: Where should I put my will?
« Reply #22 on: February 04, 2023, 10:44:27 AM »
Isn’t real estate a tricky one, though? I think You can assign titles to others if you die, but depends on your state. I think, not sure.
You can put real estate in revocable trusts, too.  You just have to file the proper paperwork and pay accompanying filing fees.

iris lily

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Re: Where should I put my will?
« Reply #23 on: February 04, 2023, 08:26:05 PM »
Isn’t real estate a tricky one, though? I think You can assign titles to others if you die, but depends on your state. I think, not sure.
You can put real estate in revocable trusts, too.  You just have to file the proper paperwork and pay accompanying filing fees.

Well, you have to set up the trust first I would think. That’s what we did and yes, our real estate is assigned to our revocable trust.

What I meant was that you can assign upon death a deed to an individual person in some states. I think.
« Last Edit: February 04, 2023, 09:25:57 PM by iris lily »

secondcor521

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Re: Where should I put my will?
« Reply #24 on: February 04, 2023, 10:26:23 PM »
What I meant was that you can assign upon death a deed to an individual person in some states. I think.

Yes, you can do this in some states.  Not mine.  It's called Transfer on Death deeds.  Some states (Florida at least) also have Lady Bird deeds, which are similar I think.

trollwithamustache

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Re: Where should I put my will?
« Reply #25 on: February 28, 2023, 02:35:39 PM »
assuming there is nothing controversial, why not have one of the daughters have a/the copy?