Hi all, my sister asked me for an online will right before she died. She filled it out, discussed some things with me, was happy with it, asked me to get a notary over to see her/sign it make it official. Sadly she slipped away before I got to that, but, she didn't have much, and I already knew most of what she wanted. I went to take it out of the folder she'd tucked it into, see where specific family treasures in her possession were to go while packing away her house and things, and it was gone! Her estranged daughter, (druggie/welfare queen), had been hanging around. I know there were certain things Sis did NOT want the undeserving irresponsible kid to have, and I'm guessing she got rid of the will so she'd get them all. All the other papers were in the folder, and it was right where Sis put it. Even if she'd had it notarized, if it couldn't be found, it wouldn't matter, right? We're getting ready to make a will for ourselves, what do we do with it when we are done? Do we file it somewhere? Put a copy in a safe deposit box? If it's many years down the road, how will beneficiaries prove it exists if they don't have access to it? I don't want that little gold digger going after our assets, we don't have children, but have some younger friends who are like family we want to leave everything too. Thanks!
I appreciate your advice although I doubt this case will even see the inside of a courtroom. I've never gone through this before so idk what I'm doing although I am picking up some things along the way. I just wish we could afford legal help. And wish my grandma would stop fighting me on everything and stop falsely accusing me when she doesn't get her way. In a perfect world I guess things would have been different but any other advice is accepted and appreciated.
You don't have to do it this way...you can yourself keep the original and put in a safe deposit box or other secure place. But realize a safe deposit box will close if it's only in the deceased name & its a butt-rash to get the court order to get it opened to look for & remove just the will.
But having the atty keep it is better as they have errors & omissions & law practice policies, so that if say there's a fire, they can enter a copy to the court and the judge will accept it as their insurance provides for any indemnity.
For yourself, you file your Will at the county clerk's office. It will be safe there.
I was just at the courthouse pulling parcel info and the woman ahead of me was dealing with unnotarized hand drawn will. It is quite a hot mess as a hand drawn will (holographic will) usually does not meet the standard to be accepted as valid, so there will need to be other documentation gotten (like signed "I knew this person" notarized letters) to establish that the terms of the hand drawn are what the deceased intended. If any heirs contest it, the judge is likely not to accept it and then you have to go the lineal heirship route and however your state does this. Its usually -i think as Im not an atty. - to spouse, then to kids (natural or adopted) so druggie daughter would be ahead of aunts & uncles.
Really see an atty & have stuff drawn up properly & in accordance of state laws.
For what it costs I don't think it's worth taking any chances, though, so I'm having mine done by my common-or-garden, high street family lawyer. I have very little to leave, which alas is unlikely to change; so the flat-rate charge for this is less than £200, which at the moment is about $230, no 220, no 210... whatever. It won't break the bank, it saves any worry about validity, and it puts everything on official record.
The lawyer then keeps a copy, and I will make sure that each of my executors gets one as well. It only remains to ensure that every time you get a new desk or purse diary you conscientiously fill in the personal details section; so that if the worst happens whoever finds you in the bath/scrapes you off the highway knows to notify your lawyer.
One point to check: if your niece, or former niece by the sound of it, is your only blood relative, it might be a good idea to spell out in your will that you are intentionally disinheriting her. One way to do this is to leave her something minimal, so that she can't go to court and claim that her batty old auntie must have forgotten her. You could if you really felt you had to spell out your reasons; but be fair and be polite. Here in the UK we recently had a shocking case where a mother went to her grave at daggers drawn with her daughter - a feud that had gone on for decades - and the court overturned her very clear decision to leave her daughter nothing partly on the grounds that the mother had been capricious and vindictive. Or that was what the judgement said. At least part of the reasoning was also that the daughter was on benefits and costing public money - but then that might be very pertinent to your circumstances too.
So keep to calm wording, leave her something meaningful (even if the meaning is sentimental or historic rather than monetary), and get a lawyer to check it out.