Safekeeping of a Will in Tennessee

Daily, I answer questions about the safekeeping of a Will in Tennesee.   I tell my Tennessee clients where I keep my Last Will & Testament, Powers of Attorney, and Living Will.  These documents are in my desk drawer in my office. They are not under lock and key. And I have told many people where they are located.  Additionally,  I have not given a copy of them to anybody.  They are not recorded at the county registrar.

However, most people place their Last Will & Testament and other important legal documents in lock boxes or safety deposit boxes at their local bank. The problem is, if you pass away, your family may be unable to access those areas without Court Orders.  This can become a  huge problem and sometimes a costly problem. As an attorney, I am required, at least at first, to present an Original Will to the Judge. If the family can not get their hands on the original Will, we have a problem even before the probate process starts.

I advise the safekeeping of your will Will, in its Original form, in an easy-to-find, accessible location.

If you are concerned that someone will find your Will and be upset by it or, worse yet, destroy it, we can discuss other options. For the rest of us, though, keep it simple.

Another question I am asked is, to whom should I give copies of the Will?  We will make you as many copies as you need. However, giving out too many copies causes a problem should you ever change your Will; in some cases, copies of old Wills have been brought to court in the hopes of having them probated.

I recently represented a person in a case like this. Heirs in an old Will attempted to probate a copy of the decedent’s former Will. My client (the rightful heir) was successful at both the trial and appellate levels; however, had the decedent not given out so many copies of the previous Will, this protracted litigation may have been avoided.

If you have questions about proper Wills or proper Estate Planning, contact us at https://www.kane-law.com/contact-us/