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. Will. what a scam.?
I paid an attorney to write a standard will up. I just assumed a copy was filed in court house placed by the attorney at the time.
10 Answers
- STEVEN FLv 74 years agoFavorite Answer
I just assumed
That is the ONLY thing remotely inappropriate in the entire situation. In MANY jurisdictions, the will CAN'T be filed anywhere while the person is alive. In NO jurisdiction is the attorney required to retain a copy of the will, although it is common practice.
Note: I feel the need to respond to 'Common Sense' regarding a safe deposit box. In MOST jurisdictions, a safe deposit box is SEALED at the time of death until the probate court officially recognizes an executor of the estate. It is important to have at least one copy of the will somewhere it is easily accessible to whoever the executor will be. Therefore, if a safe deposit box is used to store the will, it should be in the name of the executor, NOT the person whose will is stored in the box.
- ?Lv 64 years ago
Never assume anything. ASK. Wills are not typically filed at the courthouse until after the person who wrote the will dies, and then it's filed as part of the probate action. You hired the attorney to draft the will and nothing else. If you wanted it filed before death, you should have said so. If you've lost your copy of the will, contact the attorney's office to see if a copy is there. If it is, then you can gather witnesses and sign a new copy. Then YOU can go to the courthouse and file it as a public record or pay the lawyer to do it for you.
- lestermountLv 74 years ago
you can not assume the lawyer filed the will that is something you must tell him to do or do it your self.
- Common SenseLv 74 years ago
You are misinformed. It is not the responsibility of the attorney or anyone else to file a copy of your will at the court house. That makes no sense. No one knows where you will be living when you die, so filing a will where you currently live is useless.
I have had wills drawn for both me and my spouse on a few different occasions. One lawyer kept the original and gave us copies. Another lawyer insisted that he does not keep wills in his office because they are the property of the clients. He explained that unless someone knows who your attorney is, they would never even know where to find a will because they can be drawn years or decades in advance of a death.
You seem some what confused. You were not scammed. It is up to you to have a safe place for your personal papers. You can get a firebox for your papers or perhaps take out a safe deposit box at a bank to keep your important papers safe.
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- SlickterpLv 74 years ago
Making assumptions isn't that smart. Most localities don't require a will be filed anyway.
- Lone CatLv 74 years ago
No, a will doesn't get filed at the court house.
Your lawyer keeps a copy of the will. So if you don't have a copy you can get one from the lawyer's office. You should also give a copy to who ever is going to be the executor of the will.
- TavyLv 74 years ago
They are not filed anywhere. You keep it.
It is not a Scam you did not understand the system.
- champerLv 74 years ago
Your question makes no sense. However, if you have a question about your will you'd be better off consulting a lawyer in your state, wherever that is.
Usually, the will must be delivered to the county register of wills within ten days after the death of the testator to begin the probate process.
- YetiLv 74 years ago
Do you have a question? Generally speaking, wills are not filed at court. You pay an attorney to ensure a will is drafted in compliance with local laws so there are not problems with it later.