QUESTION

The best place to file my will.

Asked on Aug 29th, 2013 on Wills and Probate - Illinois
More details to this question:
I want to be certain that my will gets recognized and read upon my death. I'm not sure where to store it and who can be depended upon to announce and make certain that it's brought forward. I have 2 notarized copies.
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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There is no right or wrong answer. You may be surprised to know that there is no requirement that the Will be "read". The law requires for all Wills to be filed with the local circuit court after death, which makes it a public document. Beyond that, the concern about the Will being found and recognized is a legitimate one. I once received a phone call from a daughter of a man who did a Will with us about 20 years ago. Her mother died; he had gotten remarried; and the new wife said there was no Will. It happened to be in our Will safe where he left it 20 years ago. Thus, one solution is to keep the original (or one of them) with your attorney if the attorney offers that service. We do, and do not charge for it. As an aside, I do not recommend more than one original. I make copies (clearly marked "copy") and tell clients to write on the copies where the original is. I also keep a copy in my file. There more originals there are (and copies for that matter), the more difficult it is to track them down and destroy them when you amend or do a new Will. Having more than version of a Will "out there" is a recipe for trouble. Many people will keep the original in a safe or lock box. Some will put it in a safe deposit box at a bank (though it can be problematic after your death for someone to gain access) unless someone else's name is on the safe deposit box. Originals or copies should only be given to people you implicitly trust. People can be weird. If they they know they are inheriting something (or not inheriting something), they may react in ways you do not expect; so be careful about telling people what you have done and even more careful about entrusting a copy with someone. I have seen some difficult family situations arise when children or others are told what is being done, especially if the distribution is not equal between siblings. Your estate planning is YOUR business. You should do what YOU think is right and what YOU want to do. Especially if you are not treating all like people equally, I would be careful about discussing or disclosing too much without careful thought about it. At the same time, I would also suggest that you explain why you are doing what you are doing - either in the Will itself, or in a separate document. Lack of understanding or misunderstanding often leads to family conflict. Understanding will minimize it, even if the result does not make everyone happy.  
Answered on Aug 30th, 2013 at 4:27 PM

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