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Preserving Estate Planning Documents, Elder Law Attorney, Woodstock, GA


Once you have an estate plan, it is extremely important that the original documents in the plan be preserved so that they are available after you pass away. If the originals are not preserved, there can be serious consequences.

Before a will can be submitted to probate, the original will must be located. If the original will cannot be found, it is assumed to have been revoked if the deceased was the last person known to have been in control of it.

Why?

This is because a will can easily be voided by tearing it up or throwing it in the fire. The law assumes that the deceased did something like that. This makes the safe storage of wills extremely important. The question then becomes where to store your will?

In an article titled Estate Planning: Importance of original estate planning documents,” Lake County News suggests that a bank safety deposit box is a good place to store your original will and other estate planning documents.

While that is true, it comes with a caveat.

Someone else needs to be on record at the bank having lawful access to the box. Otherwise, the bank will require a court order to grant access.

Ask your estate planning attorney where he or she suggests you store your important estate planning documents. Some attorneys are happy to keep the originals for their clients, while other attorneys are reluctant to assume that liability.

If your attorney does not provide that service, then he or she likely will know a safe place in your area.

Reference: Lake County News (November 15, 2014) Estate Planning: Importance of Estate Planning Documents

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce