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What Happens When a Pet Outlives Its Owner?

While leaving millions to a pet is a little extreme, regular people who love their dogs, cats, parrots and other companion animals are wise to make plans to protect their pets in case they become incapacitated or die before their pets. A recent article from MSN, “Things That Happen When a Pet Outlives Its Owner,” looks at what can happen to pets after their owners die.

If plans for the pet, including funding for care, aren’t made, there’s no way to be sure the pet will avoid the fate of many senior animals: an animal shelter. Making matters worse, senior dogs have a lower adoption rate, putting them at risk of remaining at the shelter for the rest of their lives or being euthanized.

If your family loves animals, or you have close friends who are animal people, your pet might get lucky and be adopted by a family member or friend. However, this doesn’t always work out. Even well-meaning friends may have allergies or a lifestyle that conflicts with having a pet. There may also be behavior problems because the pet is grieving the loss of their owner in a new environment, and it may become difficult for the friend or family member to take care of.

Clear instructions about the care of your pet and money to provide for their food, veterinary bills and other costs need to be set down in a legally enforceable document if your pet is to avoid being passed like a hot potato from person to person or to end up in a cage in a shelter.

Pets are considered property, so you can’t leave money directly to them. You could name a caretaker in your will and leave them a certain amount of money to care for the pet. However, the will may not be enforceable. They may use the money for other things while your dog is neglected.

If you don’t name a caretaker, the court may decide where your pet will end up. This can delay the pet’s being placed into a home environment while decisions are being made. Even short shelter stays can be traumatic for animals that are used to living with people.

Exotic pets pose a different set of problems. A large bird with a 50-year lifespan needing a special diet and habitat will not be easy to rehome. A large tortoise with a 100-plus-year lifespan will probably end up living in an animal sanctuary if one can be found and if the sanctuary can afford to take on the cost and responsibility.

An estate planning attorney can create a pet trust in most states for several purposes. The pet trust should be funded with money for the pet’s care. A trustee oversees the money, while a caretaker is named in the trust to have physical custody of the pet.

Some shelters, especially no-kill shelters, have arrangements where a donation is required to ensure lifetime care in a suitable environment. The donations often incorporate a Charitable Lead or Charitable Remainder Trust.

Planning for your pet’s future will provide peace of mind, knowing your beloved companion will have a happy life even when you aren’t there.

Reference: MSN (Jan. 30, 2025) “Things That Happen When a Pet Outlives Its Owner”

What Kind of Trust Helps a Family with Young Children?

Trusts are not just for wealthy people. They are used when a family has young children and wishes to ensure that there is a plan in place to care for the children in case the parents die or become incapacitated. A recent article from Business Insider, “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter,” explains what parents can do to protect their youngest loved ones.

There are a few different trusts to consider, depending on your situation:

Revocable Living Trust. The revocable trust is the most flexible. It is a separate legal entity with language directing how assets will be used for different scenarios. For instance, if someone dies or becomes disabled and their beneficiaries are all children, the trustee will manage and allocate necessary financial resources to support the children. Many estate planning attorneys consider a trust even more important than a will, since it doesn’t require the estate to be settled before trustees can access the assets.

An IRA Trust. You may want to consider creating an IRA trust if you own an IRA. This allows a minor child to be the beneficiary of the retirement account. On the death of the IRA owner, assets go into the trust, which has a trustee who manages the asset until the person comes of age or whenever the original owner wants them to receive the money.

When a regular IRA account is left to a minor, the family must petition the court to obtain a court-appointed guardian to manage the account until the minor is of legal age. With an IRA trust, you’ve clarified who the trustee should be and when the child will receive the money. If the money is not needed and can remain in the trust, it is a protected asset for their future.

A Trust for Minors. This allows you to leave assets to a child until they reach a certain age, which you articulate in the trust. You can leave all or a portion of the money to the beneficiary to be distributed when you feel they can manage it. You decide when to release the funds, who the trustee should be, the rules for how the money is to be spent and when the minor may receive income.

An Education Trust. In addition to creating a 529 College Account for a minor child, it’s a good idea to create an Education Trust to be sure the funds will be used for education. You can assign a certain amount for education and state the age you’d like the beneficiary to receive any leftover funds.

An estate planning attorney can help you create a plan for your children or grandchildren to ensure that they have the funds they need in case of tragedy and place guardrails on the money so it’s protected.

Reference: Business Insider (Jan. 31, 2025) “I asked an estate planning attorney the best way to establish a trust for my 2-year-old daughter”

How Estate Plan Protects Your Family

Estate planning is one of many ways to make a difference to your family’s future. Whether starting from scratch or revising a will created many years ago, your estate plan gives you control over your assets and secures your loved ones. The title of a recent article from Florida Today says it all: “Your family’s future is important to you. These estate-planning tips can help secure it.”

If you don’t have a will, get started on this part right away. A will outlines how you want assets to be distributed upon your death. Without one, the probate court in your jurisdiction will determine who receives your property, and while you may not be around to see the results, your family will. If you have a will but haven’t reviewed it in a while, you’ll want to know if it still makes sense for you. Life is all about changes, good and bad, and your will should reflect your current life.

Living trusts keep assets in the family and pass from one person to the next without court involvement. Property owned by a trust goes directly to the beneficiaries without going through the probate process. Even better, trusts are used to appoint a trustee who will manage the assets if you become incapacitated. A trust works while you are living and after you have died. Families with significant assets, blended families and anyone looking for a smooth way to pass assets to loved ones rely on trusts.

People underestimate the importance of a Power of Attorney. A durable power of attorney gives a person of your choosing the legal authority to act on your behalf in financial matters. If you are too sick to pay bills or manage investments, an agent (the person named in the POA) can act on your behalf. Without this document, your family must petition the court to appoint someone to manage your life. The court has no obligation to name a family member or even someone you know to oversee your life. It’s far better to simply have an estate planning attorney create a POA suited to your needs.

You’ll also want an advance healthcare directive, sometimes called a living will, to express your wishes for healthcare in case you can’t. This document includes your wishes regarding life-sustaining treatments, organ donation and end-of-life care. The healthcare directive serves two critical purposes: it allows you to state your wishes and spares your family from not knowing what you want during a healthcare crisis. An emergency is no time for your children to guess what Mom wants.

Beneficiary designations are used in many financial accounts to allow the asset to go directly from the original owner to the beneficiary without going through probate. Beneficiary designations override your will. If you want your nephew to inherit your IRA but your IRA’s beneficiary designation is your spouse, your nephew gets nothing. People who have been divorced need to be extra careful about making sure their beneficiary designations are updated.

Parents of minor children must designate a legal guardian in their estate plan. Establishing a trust to own an inheritance for healthcare, education and living expenses ensures that their guardian will have funds to care for the children. Minors may not inherit property, so making a trust is the best way to protect and control their inheritance.

An estate plan, including a will, power of attorney, healthcare directive and trusts, is central to protecting your family and their future. An experienced estate planning attorney will help identify your concerns and know how to address them in a legally enforceable manner.

Reference: Florida Today (Feb. 8, 2025) “Your family’s future is important to you. These estate-planning tips can help secure it.”

Decluttering after Loved One’s Death: A Practical and Emotional Guide

Losing a loved one is never easy, and handling their estate can feel overwhelming. Beyond probate’s legal and financial aspects, families must also address the personal belongings left behind. Every item holds memories, and deciding what to keep, donate, or discard can be emotionally challenging.

While decluttering is necessary, it does not have to be overwhelming. With patience, organization and legal guidance, families can navigate this process in a way that honors their loved one’s legacy, while ensuring a smooth estate administration.

Understanding the Probate Process and Personal Belongings

Before decluttering, spend time learning how probate affects the distribution of assets. Probate is the legal process that ensures debts are paid, and assets are distributed according to a will or state laws if no will exists.

When to Begin Decluttering

Many families are urged to begin sorting through belongings immediately after a loved one passes. However, specific legal steps must be followed first. The executor of the estate—or administrator if there is no will—must:

  • Verify that a will exists and file it with the probate court
  • Obtain legal authority to manage and distribute the deceased’s assets
  • Identify which items are part of the probate estate and which pass directly to beneficiaries

Some belongings, such as jointly owned property or accounts with named beneficiaries, may not be subject to probate. Consulting with a probate attorney ensures that assets are handled correctly and that families do not unknowingly dispose of legally protected items.

A Step-by-Step Approach to Decluttering

Step 1: Create an Inventory

List all significant belongings and sentimental items, especially those with financial or legal significance. This includes:

  • Jewelry, antiques and collectibles
  • Financial documents and insurance policies
  • Family heirlooms and personal memorabilia

An inventory helps prevent disputes among family members and ensures that valuable or sentimental items are accounted for before decisions are made.

Step 2: Identify What to Keep, Donate, or Discard

After creating an inventory, begin sorting belongings into categories. While every family’s process will be different, a structured approach can make decluttering more manageable:

  • Items to keep – Family heirlooms, meaningful photographs and personal mementos
  • Items to donate – Clothing, furniture and household goods in good condition
  • Items to discard – Broken, outdated, or unusable items

Open discussion can prevent conflicts if multiple family members want the same item. Some families choose to rotate selections, allowing each person to select keepsakes.

Step 3: Seek Professional Guidance for High-Value Items

Some belongings may hold significant financial value. Consider having them appraised before selling or donating items such as artwork, antiques, or real estate. A probate attorney can also help determine whether certain assets require special handling under the law.

Emotional Challenges of Sorting through a Loved One’s Belongings

Managing Grief During the Process

Decluttering after a loved one’s death can trigger unexpected emotions. Items like handwritten letters, old clothing, or favorite books carry deep sentimental value, making it challenging to decide what to part with. It’s essential to recognize that grief affects decision-making, and taking breaks or seeking support when needed is okay.

Avoid Family Disputes

Inheritance disputes are one of the most common challenges during estate administration. Even if a will is clear, emotional attachments can complicate decisions. To avoid conflict:

  • Hold a family meeting to discuss how belongings will be divided
  • Use written agreements when distributing valuable items
  • Consider mediation or legal assistance, if disagreements arise

Clear communication and legal guidance ensure that the process remains fair, respectful and free of unnecessary conflict.

When Is Legal Assistance Needed?

While decluttering is a personal, family-driven process, some situations require legal intervention. It may be time to consult a probate attorney if:

  • There are disputes over high-value belongings or sentimental items
  • Uncertainty exists about which belongings are included in the probate estate
  • Legal documents, such as wills or trusts, need to be reviewed to ensure proper distribution

A probate attorney ensures that all legal obligations are met, while helping families move forward without unnecessary delays or disputes.

Plan for College and Protect Your Assets

Balancing college savings, estate planning and financial aid eligibility requires careful planning. Schedule a consultation today to ensure your family’s financial future is secure, while maximizing education opportunities for your children.

Key Takeaways

  • The probate process impacts decluttering: Some belongings must go through legal steps before being distributed or removed.
  • A structured approach makes decluttering easier: Creating an inventory and sorting items into categories reduces stress and ensures fairness.
  • Emotional attachments make decision-making difficult: Recognizing the role of grief and allowing time to process emotions is essential.
  • Family disputes can arise over sentimental belongings: Open communication and, if needed, legal mediation can help prevent conflicts.
  • Legal assistance ensures smooth estate administration: A probate attorney can clarify ownership, resolve disputes and guide families through complex legal requirements.

References: Joseph Stern, M.D. (April 18, 2023) “Grief Cleaning: How to Separate Memories from Things While Decluttering” and Empathy “It’s the little things: Dealing with keepsakes”

An Estate Plan To-Do List to Get Planning Done

Even if your New Year’s resolutions have fallen by the wayside, don’t let the resolution to create or revise your estate plan pass without tackling it. A recent San Francisco Bay Times article, “Kickstart 2025 With 5 Estate Planning Resolutions to Secure Your Future,” offers a step-by-step list of the tasks to complete your estate plan.

Start by locating your estate planning documents. Review them to be sure they’re up to date. If your will includes people no longer living or beneficiaries you’re no longer feeling generous towards, you’ll need to make those changes.

Review your estate plan with an eye on the people you’ve named for specific roles. Will the executor or trustee be a good fit? What about the person you’ve named as Power of Attorney? Your estate plan should also include a Healthcare Proxy. As you age, you need to be sure the people in these roles can still physically get to the bank or the hospital and navigate online banking or healthcare portals on your behalf.

Digital assets are now part of everyone’s life. However, not everyone addresses their digital assets in estate plans. You’ll need to review and record your digital accounts, from emails to social media to cryptocurrency, and create a list of the accounts, login information and passwords. If you have two or three-factor identification, you’ll need to be sure your digital executor can access your mobile phone or email to confirm their identity. Many people use password managers to gather their information. However, a notebook will do as long as your digital executor knows its location.

If you haven’t reviewed your healthcare directives in a while, you’ll want to do so. Your wish to be kept off any life-support systems while in your thirties may have changed as you have gotten older. After COVID, many people who would have never wanted to be on a respirator learned that it was lifesaving, not life-ending. Speak with your healthcare proxy about your wishes, so they know what you want and your estate planning attorney to ensure that they are documented properly.

An experienced estate planning attorney can help you avoid or minimize the probate process. For instance, placing assets in a trust can take the asset out of your taxable estate if the right trust is used. The assets in the trust won’t go through probate and will remain private. If using Payable on Death accounts makes sense for your estate plan, be sure that the accounts you want to transfer to someone else on your death are titled correctly.

An estate planning attorney will guide you through the process to ensure that you have the right documents, so your loved ones can help you if you become incapacitated and know your wishes when you die. It’s a gift to those you love, easing their burden and building your legacy.

Reference: San Francisco Bay Times (Feb. 5, 2025) “Kickstart 2025 With 5 Estate Planning Resolutions to Secure Your Future”

Does Your Estate Plan Include Digital Assets?

Technology has changed many aspects of estate planning from the lawyer’s point of view. It’s as easy to meet with clients on a video call as in person, and documents can be reviewed and shared through a secure document portal. Estate planning attorneys now include digital assets as well as traditional assets, like real estate and financial accounts. A recent article from Cape Gazette, “Estate Planning for Digital Assets,” explains how to address digital assets.

The definition of digital assets itself is constantly evolving as new assets are added, but for the most part, they include:

  • Electronic communication: emails, social media posts, blogs
  • Reward programs: credit cards, airline miles, hotels.
  • Financial accounts: PayPal, Venmo, online investment and banking accounts
  • Digital asset collections: music, videos, photos
  • Intellectual property: domain names, articles, books, artwork, videos
  • Electronically stored data

The rules of ownership of data and the platforms holding the data are more complicated than most people think. The law attempts to balance the privacy of the original owner or creator of the data and a fiduciary’s need to access assets after the original owner’s death or incapacity.

Every time you create a digital asset, you are asked to agree to a contract, known as a Terms of Service Agreement or TOSA. This is usually presented as a long page of small type with a box to check to state you agree to the terms. With a single click, you’ve agreed to the terms of a legally binding contract prohibiting another person from accessing the account. Even if your executor or Power of Attorney has a username and password, they may not have the legal authority to access your digital accounts, although some states have passed laws to give fiduciaries some authority to access digital assets. Your estate planning attorney will know the law in your jurisdiction and incorporate this into your estate plan.

For your estate plan to protect digital assets, you’ll need to start by creating an inventory of all assets with this information:

  • What type of asset
  • Where it can be found (the URL address)
  • User name
  • Login information
  • Does it require two-factor authentication, which verifies the user using a text to a mobile phone or email address?

You’ll also want to review each digital asset to see if there is any provision for assigning someone to manage your account in case of incapacity or death. Some of the larger platforms offer this ability, which is far easier than going to court to obtain photos from a loved one’s cell phone.

Another step to protect your digital assets is to name a digital executor through a Power of Attorney, so they can act on your behalf. It would be prudent to ensure that the POA includes a specific provision expressly providing the authority to access digital assets. This is required in some states.

Your estate planning attorney will help you protect your digital assets as part of creating a comprehensive estate plan.

Reference: Cape Gazette (Feb. 7, 2025) “Estate Planning for Digital Assets”

Elderly Parents Moving in with You? Steps to Prepare

Many families choose to care for elderly parents at home rather than placing them in assisted living or nursing facilities. While this arrangement can provide emotional and financial benefits, it also brings new challenges. Preparing in advance helps ensure that the parent and the rest of the household adjust smoothly.

Assessing the Level of Care Needed

Before moving a parent in, evaluating their physical and medical needs is essential. Some seniors require only minor assistance, while others may need daily help with mobility, medication management and personal care. Consulting with a healthcare provider or elder law attorney can help determine the necessary level of care and support.

Making Home Modifications for Safety and Accessibility

Bringing an aging parent into your home requires thoughtful adjustments to ensure their safety and comfort. Falls and mobility challenges become more familiar with age, making modifying the living space to reduce risks essential. A thorough home assessment can identify hazards such as slippery floors, poor lighting, or narrow doorways that may create difficulties.

A key priority is ensuring that essential rooms—like the bedroom and bathroom—are accessible. If possible, a ground-floor bedroom should be designated to eliminate the need for stairs.

Modifying Bathrooms and Kitchens

Bathrooms often require the most modifications and pose a high risk for falls. Installing grab bars near the toilet and shower, using a walk-in bathtub or shower with a bench, and placing non-slip mats on tile floors significantly improve safety. Kitchens should also be adjusted for ease of use by keeping frequently used items within reach and ensuring that appliances are simple to operate.

Making Elder-Friendly Passageways

Entryways and hallways may need modifications to accommodate mobility aids. A ramp may be necessary if the home has steps at the entrance. Doorways should be wide enough for walkers or wheelchairs, and any uneven flooring should be smoothed out to prevent tripping hazards. Smart home technology, such as voice-activated lighting and motion-sensor nightlights, can also enhance safety and convenience.

Establishing Legal and Financial Plans

Caring for an aging parent brings financial and legal responsibilities that require careful planning. Without a structured approach, unexpected medical needs, rising expenses, or legal barriers can create unnecessary stress. The first step is to review your loved ones’ healthcare coverage, including Medicare and Medicaid eligibility, to determine available services and benefits.

If your parents have long-term care insurance, they should evaluate it to understand what costs will be covered for in-home care or assisted living. You should also consider other potential funding sources, such as veteran’s benefits.

Update Estate Planning Documents

A financial power of attorney ensures that someone can manage the parent’s finances, pay bills and make legal decisions if the parent becomes incapacitated. Similarly, a healthcare proxy allows a trusted individual to make medical decisions in accordance with the parent’s wishes. If a will or trust has not been updated in years, now is the time to ensure that assets are protected and distributed according to the parent’s current preferences.

Setting Boundaries and Managing Family Dynamics

Living with an aging parent can impact family relationships. Establishing clear expectations for daily routines, privacy and caregiving responsibilities helps prevent stress and conflict. If multiple family members are involved, discussing how responsibilities will be shared can ensure that caregiving does not fall entirely on one person.

Starting the conversation can be challenging, but you don’t have to do it alone. Call our law firm today to schedule a consultation and take the right step toward multigenerational living.

Key Takeaways

  • Assessing care needs is the first step: Understanding a parent’s medical and daily living requirements ensures the right level of support.
  • Home modifications improve safety and independence: Small adjustments, such as grab bars and accessible rooms, reduce fall risks and make living spaces more comfortable.
  • Financial and legal planning prevents future issues: Reviewing insurance, estate documents and caregiving costs ensures long-term stability.
  • Setting boundaries maintains family balance: Open communication and shared responsibilities prevent stress and ensure a smooth transition.
  • Advance preparation makes caregiving more manageable: Thoughtful planning leads to a safer, more supportive home environment for both parents and caregivers.

Reference: AgingCare “Preparing for a Parent Living with You”

What are the Biggest Mistakes People Make with Estate Plans?

Ask any estate planning attorney for a horror story and step back as they come flooding out. Moms who leave millions to a veterinarian to care for a beloved cat or uncles who grabbed and kept a half-million-dollar insurance policy intended for a son are just a few examples.

When your estate plan isn’t properly prepared, many things can go wrong, according to a recent article from Kiplinger, “Wills Gone Wild: How to Avoid Estate Planning Disasters.” Assets can end up with the wrong people, or beloved children can be disinherited entirely. A bungled do-it-yourself will can lead to a distant cousin inheriting your entire estate, while a life-long partner ends up homeless and impoverished.

If you intend to protect those you love, you’ll need to sit down with an estate planning attorney and create a last will and testament and other estate planning documents. Without a will, you can be sure family discord will follow your passing.

Aretha Franklin provides one lesson on what happens when there’s no formal will. Not one but two handwritten or holographic wills were found in her home in Detroit after she died. One, dated 2010, was found in a locked cabinet, while the second was found under a couch cushion, dated 2014. There were four sons, and all disagreed about which one was valid. The matter went to court, with a judge ruling the 2014 will was valid. Not all states accept holographic wills and leaving more than one copy around the home doesn’t guarantee anything but a family fight and legal expenses.

Many people are testing online wills. However, the unintended consequences are very costly for loved ones. One father decided he would create a will without an estate planning attorney. When he died, instead of dividing his estate equally between three adult children, all his property and assets went to the children and the grandchildren. Each of his three children had children, so what he intended to be a simple three-way split ended up being divided into many small gifts.

Second and subsequent marriages can complicate estates. Estate planning attorneys all have stories about remarried people who want their estate to go to the new spouse but forget to take care of their children from the first marriage. When the second spouse inherits the entire estate, it’s easy enough to rewrite the will, and the deceased spouse’s kids are disinherited. A surviving spouse is under no legal obligation to maintain an old will or to give assets to stepchildren. Estate planning attorneys know how to use trusts and other strategies to protect the surviving spouse and the biological children.

Pets are often part of estate planning disasters. One attorney tells the tale of a client estranged from her only child, a daughter. She wanted to leave everything in her estate to her cats. However, something went very wrong, and her veterinarian inherited $3.5 million. In this case, the vet was an upstanding citizen and worked with an estate planning attorney to ensure any monies left after the death of the cats went to animal charities. However, there was no legal requirement for the vet to do so.

Elderly people are often preyed upon by their trusted caretakers. One horror story concerned two elderly men who lived together and shared a home care nurse. When one of the men was hospitalized, the caretaker and her husband came to the home and exploited the second man. The caregiver convinced the elderly man to make her a beneficiary of a $500,000 CD and joint owner of a lakefront vacation home.

When it comes to estate planning, the only way to avoid a nightmare legacy is to meet with an experienced estate planning attorney and have an estate plan created. Estate planning attorneys have seen more wild tales than you can imagine and can ensure that you don’t become one of them.

Reference: Kiplinger (Jan. 29, 2025) “Wills Gone Wild: How to Avoid Estate Planning Disasters”

Inheriting a Business? Here are Pros and Cons to Consider

Receiving a family business as an inheritance can be both an honor and a burden. While it offers the potential to continue a legacy and build financial security, it also requires strategic planning, management skills and a clear understanding of the company’s financial health. Many heirs struggle to continue operating the business, sell it, or bring in outside management. Evaluating the pros and cons can help determine the best course of action.

The Benefits of Inheriting a Business

A well-run business can provide long-term stability, employment opportunities and financial growth for both the heir and future generations. Some key advantages include:

  • An established customer base and brand reputation, reducing the need for extensive marketing efforts
  • Immediate cash flow and ongoing income, depending on the profitability of the business
  • The opportunity to modernize and expand the business while preserving family heritage

Continuing operations may be a strong option if the business is financially healthy and aligns with the heir’s skills and interests.

Challenges of Business Inheritance

Not every business remains profitable or easily manageable after the original owner’s passing. Some common challenges include:

  • Unexpected tax liabilities and debts that may reduce the business’s overall value
  • Disputes among family members or co-owners about management and decision-making
  • A lack of experience or desire to run the business, making ownership stressful or unmanageable

Without a clear succession plan, inheriting a business can lead to operational difficulties, financial strain and legal complications.

Key Considerations before Accepting Business Inheritance

Before deciding, assessing the company’s financial health, legal obligations and long-term viability is essential. Steps to take include:

  • Reviewing business financial statements, including debts, assets and tax obligations
  • Determining whether to manage the business personally, hire outside leadership, or sell the company
  • Consulting with business law and financial advisors to understand legal responsibilities and tax implications

Each option has risks and rewards; seeking professional guidance can help avoid costly mistakes.

Key Takeaways

  • Inheriting a business can provide financial stability: A successful company with an established customer base can offer long-term income.
  • Legal and financial risks must be assessed: Understanding debts, taxes and ownership responsibilities is crucial before taking over operations.
  • Family conflicts may arise: Disputes among heirs or co-owners can complicate decision-making and business management.
  • Selling the business may be a viable option: If running the company is not practical, selling it can provide financial liquidity while preserving the value of the inheritance.
  • Professional guidance helps avoid mistakes: Consulting with legal and financial guides ensures a smooth transition and informed decision-making.

Reference: City National Bank “Inheriting a Business? Here Are the Pros and Cons”

Where Should I Keep My Will?

A will is only useful if it can be found after death. If misplaced, locked away without access, or accidentally destroyed, the probate court may proceed as if no will exists, distributing assets according to state law rather than the decedent’s wishes. Proper storage balances security and accessibility, ensuring that the document is protected but readily available when needed.

Best Places to Store a Will

With an Estate Planning Attorney

Many people choose to leave their will with the attorney who drafted it. Law firms typically store wills in fireproof safes, ensuring that the document is secure and intact. If the will’s validity is questioned, an attorney can verify its authenticity. However, this option is only effective if family members or the executor know which attorney holds the will.

In a Fireproof and Waterproof Safe at Home

A home safe provides security while allowing immediate family access when needed. It should be fireproof and waterproof and placed in a location known to the executor. If the safe requires a key or code, at least one trusted person should have access. Without access instructions, a locked safe can delay probate and require court intervention.

With the Probate Court (Where allowed)

Some states allow individuals to file their will with the local probate court for safekeeping. This ensures that the document is secure and legally recognized. However, this method requires updating the court file when revisions are made. If this step is overlooked, an outdated will may be used in probate.

Registered with The U.S. Will Registry

Registering your will with The U.S. Will Registry helps ensure your loved ones can locate it when needed. Even if you store a physical copy safely, family members may forget its location, misplace it, or accidentally discard it. By registering, you clearly record where your will is stored, preventing unnecessary stress and delays in settling your estate. The U.S. Will Registry also offers free online storage, giving you extra security and peace of mind.

Where Not to Store a Will

In a Bank Safe Deposit Box

While safe deposit boxes provide strong security, they can cause delays. Banks typically seal a box upon the owner’s death, preventing the executor from accessing the will without a court order. If choosing this option, the executor should be listed as a co-owner with access rights.

In an Unsecured Location

A will should not be stored in a desk drawer, filing cabinet, or with other household papers. These locations increase the risk of loss, accidental destruction, or intentional tampering. A digital copy is insufficient, as most states require the original, signed document for probate.

Ensuring the Will Can Be Found

Regardless of where the will is stored, the executor and at least one trusted person should know its location. Keeping instructions in a separate estate planning file and other critical documents ensures the will can be located and used immediately.

Key Takeaways

  • Proper storage prevents legal complications: The probate court may distribute assets according to state law if a will is lost or inaccessible.
  • An attorney’s office offers security and authentication: Keeping a will with an estate planning attorney protects it from loss and helps verify its validity.
  • A fireproof home safe balances security and access: A well-placed, fireproof safe ensures that the will is protected while remaining available to the executor.
  • Safe deposit boxes can cause probate delays: If an executor cannot access a safe deposit box, a court order may be required to retrieve the will.
  • Family members must know where the will is stored: Informing the executor and key family members of its location prevents confusion and unnecessary legal delays.

Reference: The U.S. Will Registry (Oct. 24, 2024) “Where to Store Your Will to Ensure its Security”

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