{"id":1447,"date":"2018-10-08T19:08:00","date_gmt":"1970-01-01T00:00:00","guid":{"rendered":"https:\/\/sanjoseelderlaw.com\/?p=916"},"modified":"2021-09-08T17:23:17","modified_gmt":"2021-09-09T00:23:17","slug":"storing-your-estate-planning-documents-finding-the-right-place","status":"publish","type":"post","link":"https:\/\/bryantelderlaw.com\/storing-your-estate-planning-documents-finding-the-right-place\/","title":{"rendered":"Storing Your Estate Planning Documents\u2014Finding the Right Place"},"content":{"rendered":"

You finally committed to making an estate plan<\/a>, and now you are in possession of a big binder or envelope full of your original documents.\u00a0 Now, the question is where to put it, or if you created your documents many years ago, do you know where they are?<\/p>\n

The best place to store your documents is somewhere that is both safe\u00a0and accessible to the people you have named as your backups when you cannot act due to incapacity or death.<\/p>\n

Many people consider a safe deposit box as a good option, but there are a few problems to consider.\u00a0 First, your backups need to be able to show the bank that they have legal authority to access your box.\u00a0 Typically, you have given then such authority in your estate planning documents, which unfortunately for your agent, are in your safe deposit box.\u00a0 If your safe deposit box is in your name alone without a joint owner and your agents have no proof that they have legal authority, it is likely that your agent would have to obtain a court order to access the box.\u00a0 Even if your backups can gain legal authority to access your safe deposit box, they still need to know where you have kept your key.\u00a0 If they cannot locate the key, then typically the bank will require that your agent pay a locksmith to get in and change the lock.<\/p>\n

Another place to consider keeping your documents is a fireproof safe in your home but consider that your backups need to know where your safe is and how to get into it.\u00a0 Sometimes, placing your documents in a plastic container (to avoid water damage) on a high shelf is a workable solution.\u00a0 Regardless of where you decide to keep your original documents, be sure to inform your backups and ensure that they will have access to the documents when they need them.<\/p>\n

Most attorneys will retain a copy of your documents; however, you are often responsible for your originals.\u00a0 Please be aware there is no statewide or national database for estate planning documents<\/a>.\u00a0 If your original documents cannot be found after your incapacity or death (even if your backups have copies), there is a presumption that you chose to revoke your documents.\u00a0 This means that your family may be required to get a conservatorship to be able to act for you during your lifetime and would likely have to probate your estate.\u00a0 Both processes are time consuming, expensive, and can lead to a result you did not intend.<\/p>\n

If you are unable to locate your original estate planning documents, please contact our office at (408) 402-4064 to schedule a free consultation<\/a> to discuss re-executing your documents.<\/p>\n

All materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys. The information presented is not legal advice, is not to be acted on as such, and may be subject to change without notice.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

You finally committed to making an estate plan, and now you are in possession of a big binder or envelope full of your original documents. Now, the question is where to put it, or if you created your documents many years ago, do you know where they are? Here are some tips to keep these documents organized, handy, and safe. <\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,11],"tags":[],"class_list":["post-1447","post","type-post","status-publish","format-standard","hentry","category-blog-home","category-estate-planning"],"_links":{"self":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/1447","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/comments?post=1447"}],"version-history":[{"count":2,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/1447\/revisions"}],"predecessor-version":[{"id":2907,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/posts\/1447\/revisions\/2907"}],"wp:attachment":[{"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/media?parent=1447"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/categories?post=1447"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bryantelderlaw.com\/wp-json\/wp\/v2\/tags?post=1447"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}