Where Should You Keep Your Will? Safe Storage Options for Missouri Estate Plans

Where should you keep your will? It’s an important estate planning question that is sometimes overlooked after the will has been signed.

A will only helps your family if they can locate it after your death. Keeping the original in an appropriate, secure location—and making sure the right people know where it is—can help reduce confusion and unnecessary complications during an already difficult time.

The estate of Aretha Franklin illustrates what can happen when wills are not properly stored or when it is unclear which document represents a person’s final wishes. According to The Washington Post in its article, “Aretha Franklin’s will was in her couch. Here’s where to keep yours,” three of her sons became involved in a legal dispute over handwritten wills, including one found under couch cushions and another discovered in a locked cabinet.

For families in Missouri, working with an estate planning attorney in Missouri can help ensure that your will is properly prepared, and advise you on storing it and making it accessible when it is needed.

Why Proper Will Storage Matters

After you die, your executor or personal representative will need to locate your original estate planning documents. If the original will cannot be found, your family may face additional legal questions and delays.

Your will should be kept somewhere that is:

• Secure from fire, water, theft, and accidental destruction;
• Accessible to the person who will handle your estate; and
• Known to your family or another trusted individual.

Simply placing your will somewhere you consider safe is not enough if no one knows where to find it.

Should You Keep Your Will in a Safe Deposit Box?

A bank safe deposit box may seem like an obvious place to store an important legal document. However, it can create complications after your death.

Depending on the circumstances and applicable Missouri procedures, access to a safe deposit box may be restricted after the bank learns of your death. Your personal representative or family members may then need to take additional steps to gain access to the box and retrieve the will.

If you choose to store your will in a safe deposit box, discuss the arrangement with your Missouri estate planning attorney and make sure your personal representative knows where the will is located and how it can be accessed.

Can You Keep Your Will at Home?

Yes. A fireproof and waterproof home safe can be a practical option for storing your original will and other important estate planning documents.

However, accessibility is important. Your executor or another trusted person should know where the safe is located and how to access it. Consider providing a trusted individual with the combination or instructions for obtaining access.

Some individuals keep their will and other legal docs in a waterproof bag in their freezer!

There is also another concern: someone who disagrees with your estate plan could potentially remove or destroy the document. For that reason, think carefully about who has access to your original will.

Can Your Estate Planning Attorney Keep Your Will?

Some estate planning law firms offer to maintain original estate planning documents for their clients. If your attorney provides this service, it can be a convenient way to ensure that the original will is preserved and can be located when needed. Beck, Lenox & Stolzer does not accept that responsibility.

If your attorney keeps your original will, make sure your family or personal representative knows the attorney’s name and how to contact the firm.

What About Storing a Will Online?

Keeping a digital copy of your will in secure online storage can be useful as a backup. It can help your family identify the document and locate important information if the original cannot immediately be found.

However, a digital copy generally does not replace the properly executed original document. Electronic-will laws vary by state, and your estate may still require the original signed will.

Online storage should therefore be viewed as a backup and not necessarily as a substitute for protecting the original.

Consider a Letter of Instruction

In addition to storing your will securely, consider preparing a letter of instruction explaining where your important documents are located.

Your letter can tell your family or personal representative:

• Where the original will is stored;
• How to access it;
• The name and contact information for your estate planning attorney;
• The names and contact information for your financial advisor and CPA;
• Where important financial and insurance information can be found; and
• Other information your family may need after your death.

A document binder containing this information can make it significantly easier for your loved ones to identify the resources and professionals they will need.

What Should You Do With an Old Will?

Estate plans should be reviewed periodically and whenever there is a significant life event, such as a marriage, divorce, birth, death, or substantial change in your financial circumstances.

If you replace an old will with a new one, your estate planning attorney can advise you about properly revoking the previous document and disposing of outdated originals. Keeping multiple versions of a will can create confusion about which document reflects your final wishes.

What Happens If You Don’t Have a Will?

If you die without a valid will, you die intestate. Missouri’s intestacy laws will determine who is entitled to inherit your property.

Those laws may not produce the result you would have chosen. A will gives you an opportunity to make your wishes known and nominate the person you want to handle your estate, subject to applicable Missouri law.

Creating a will is only one part of an effective estate plan. Making sure your original documents can be located when they are needed is another important step.

Keep Your Will Safe—and Make Sure Someone Can Find It

There is no single storage method that is right for every family. The important thing is to protect your original will while making sure the people who will need it know where it is and how to access it.

A well-organized estate plan can make an already difficult time easier for your loved ones. Your will should not end up hidden under a couch cushion, locked away where no one can find it, or forgotten in a place your family does not know about.

If you have questions about creating, updating, or safely storing your will, an estate planning attorney in Missouri can help you evaluate your options and coordinate your documents with the rest of your estate plan.

Protect Your Estate Plan With Proper Planning

Having a will is important, but making sure your loved ones can find the original when it is needed is an equally practical part of estate planning. Proper storage and clear instructions can help reduce confusion and make the administration of your estate easier for your family.

Contact Beck, Lenox & Stolzer Estate Planning & Elder Law, LLC for all of your estate planning needs by booking a call: https://beckelderlaw.com/book-a-call/.

Reference: The Washington Post (July 14, 2023) “Aretha Franklin’s will was in her couch. Here’s where to keep yours.”