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raccoon

(31,110 posts)
Wed Feb 1, 2017, 05:56 PM Feb 2017

Do you really need to put your will in a safe deposit box in a bank? A friend told me that

hers is. Mine's not.

But if the person who's going to be the executor knows that Atticus Finch drew up my will, can't she just go to Mr. Finch's office if she can't find my will?

28 replies = new reply since forum marked as read
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Do you really need to put your will in a safe deposit box in a bank? A friend told me that (Original Post) raccoon Feb 2017 OP
I've got one copy at home sharp_stick Feb 2017 #1
There better be someone with authorization to get into it the safe deposit box. madaboutharry Feb 2017 #2
That's 100% right Sanity Claws Feb 2017 #3
When my father passed away he left a safety deposit box with no authorization. iscooterliberally Feb 2017 #15
Exactly. Pointless. The executor needs an original copy and I would make sure the lawyer has an anneboleyn Feb 2017 #22
I keep mine in one of those pneumatic containers like they have at the bank, lodged in my colon Warren DeMontague Feb 2017 #4
Well, at least nobody will say "He didn't leave me shit!". ret5hd Feb 2017 #5
... Warren DeMontague Feb 2017 #7
hee! You win the InterToobz today! n/t TygrBright Feb 2017 #23
Well, that's totally unique. KittyWampus Feb 2017 #8
I'm all about planning ahead Warren DeMontague Feb 2017 #9
Best concept I've come up with (we could make a million bucks) is this: KittyWampus Feb 2017 #10
GET OUT OF MY HEAD Warren DeMontague Feb 2017 #13
Johnny Depp paid 1 million of his own money to do that for Hunter. n/t bathroommonkey76 Feb 2017 #19
dammit, I thought it was original. KittyWampus Feb 2017 #24
I'm all about pressing the ashes into a diamond hardluck Feb 2017 #28
You'll expel it. Hopefully not during the wake. elehhhhna Feb 2017 #16
No Egnever Feb 2017 #6
Mine isn't, but it is in a small document safe in my house. MANative Feb 2017 #11
Why use safe deposit box in a bank? procon Feb 2017 #12
Keep it at home in a fireproof safe treestar Feb 2017 #14
Somebody made the mistake of registering it at the court house. Such things are public & can be UTUSN Feb 2017 #17
The testator and the executor need to have originals in their possession Mr. Ected Feb 2017 #18
Yes, exactly. I would say though that the lawyer should have an up-to-date copy as well as anneboleyn Feb 2017 #20
Keep a copy at home and give one to the executor. My mom's lawyer couldn't find hers but seaglass Feb 2017 #21
My attorney jeffreyi Feb 2017 #25
Many Attorneys Have Fire Proof Safes Stallion Feb 2017 #26
That's not a good idea. It just delays the probate process The Velveteen Ocelot Feb 2017 #27

sharp_stick

(14,400 posts)
1. I've got one copy at home
Wed Feb 1, 2017, 05:58 PM
Feb 2017

and another on file at the lawyers office. Our families know where both are. Never had a safety deposit box.

madaboutharry

(40,208 posts)
2. There better be someone with authorization to get into it the safe deposit box.
Wed Feb 1, 2017, 06:00 PM
Feb 2017

There is no reason for a will to be in a safe deposit box. Every person with a will does not also have a safe deposit box.

iscooterliberally

(2,860 posts)
15. When my father passed away he left a safety deposit box with no authorization.
Wed Feb 1, 2017, 06:23 PM
Feb 2017

I brought his death certificate into the bank and they opened it up for me. I doubt the laws are the same in every state, but I was able to get into his empty safety deposit box. It was rather anticlimactic. Anyway, I can't remember what else I needed to get in. I think I had to get a certified birth certificate and bring my ID to prove who I was and that he was my father. It was a pain in the posterior, but I got in. If one loves their heirs, they should try to do a little better than my dad did.

anneboleyn

(5,611 posts)
22. Exactly. Pointless. The executor needs an original copy and I would make sure the lawyer has an
Wed Feb 1, 2017, 07:03 PM
Feb 2017

up to date copy. Keeping a copy in a deposit box doesn't accomplish anything (for some reason some people seem to think that an unethical person could just write in changes on a will following the death of the person -- of course a legal will has witnesses and is appropriately filed for that very reason). As others have pointed out, appropriate people should have copies of the will so that everyone knows what is happening and there is no confusion over who is supposed to do what!

Warren DeMontague

(80,708 posts)
4. I keep mine in one of those pneumatic containers like they have at the bank, lodged in my colon
Wed Feb 1, 2017, 06:07 PM
Feb 2017

I figure after I die everyone can open me up like an Xmas Present.

 

KittyWampus

(55,894 posts)
10. Best concept I've come up with (we could make a million bucks) is this:
Wed Feb 1, 2017, 06:14 PM
Feb 2017

Pack your or your loved one's cremated ashes into a firework and light up the night in one last, colorful explosion!

Warren DeMontague

(80,708 posts)
13. GET OUT OF MY HEAD
Wed Feb 1, 2017, 06:21 PM
Feb 2017

Seriously, that's creepy. I've been planning that for decades. You sure we haven't met?

...I also think Hunter S. Thompson, God Bless 'Im, actually did something like that. Or else it was a giant exploding roman candle designed like the Aspen Freak Power Uprising logo.

MANative

(4,112 posts)
11. Mine isn't, but it is in a small document safe in my house.
Wed Feb 1, 2017, 06:16 PM
Feb 2017

I have a copy with my attorney and my executor knows who that is. I also told a niece, in the unlikely event that something were to happen to my executor.

procon

(15,805 posts)
12. Why use safe deposit box in a bank?
Wed Feb 1, 2017, 06:18 PM
Feb 2017

You'd need to make sure that Atticus Finch had your written instructions in advance to release the document to the person you designate, otherwise he can't. As time passes, that might pose an undue burden on your heirs.

I wouldn't use safe deposit box to hold the only copy of my will unless I also allowed those people access too. If the bank is closed when they need it, that's another problem if your medical power of attorney is included, as is mine. I have a copy, I keep the original of my will with a relative outside the home as an added safeguard, and my executor has a copy, and I gave copies to my primary beneficiaries.

treestar

(82,383 posts)
14. Keep it at home in a fireproof safe
Wed Feb 1, 2017, 06:22 PM
Feb 2017

Let the executor know where it is.

There have been cases where the executor could not open the safe deposit box.

UTUSN

(70,683 posts)
17. Somebody made the mistake of registering it at the court house. Such things are public & can be
Wed Feb 1, 2017, 06:40 PM
Feb 2017

accessed by anybody.

Mr. Ected

(9,670 posts)
18. The testator and the executor need to have originals in their possession
Wed Feb 1, 2017, 06:45 PM
Feb 2017

Forget the lawyer. The lawyer drafted the will, but lawyers die, move, get disbarred or simply misplace documents. Most states (all?) do not require an attorney to retain an original.

It is very important that the EXECUTOR/ADMINISTRATOR hold an original will. They will, in fact, be tasked with probating it, so it makes sense that they have immediate access.

anneboleyn

(5,611 posts)
20. Yes, exactly. I would say though that the lawyer should have an up-to-date copy as well as
Wed Feb 1, 2017, 06:53 PM
Feb 2017

wills really should be done with a lawyer (honestly we have had two huge will-related disasters in our family and witnessed a friend go through hell when a parent didn't file a proper will). And yes the executor should definitely have an original copy with all proper signatures AND know exactly what is expected of him/her when the time comes. It avoids big headaches in the long run.

seaglass

(8,171 posts)
21. Keep a copy at home and give one to the executor. My mom's lawyer couldn't find hers but
Wed Feb 1, 2017, 06:54 PM
Feb 2017

fortunately I had a copy. My dad assigned me as executor but didn't tell me nor did he give me a copy of his will.

It's stressful enough when someone you love dies, make it a little easier on them if you can.

jeffreyi

(1,939 posts)
25. My attorney
Wed Feb 1, 2017, 07:19 PM
Feb 2017

told me to purchase a fireproof safe and put the docs there, tell the executor where it is, and how to get into it. He said that the executor does not need to know the contents of the will or trust, unless you want them to.
So I did. The combination to the safe is locked up in a file cabinet that can be broken into when the time comes. I'm also considering putting a bunch of reference info into my "lastpass" online vault. They have a place for bank acct numbers and policy numbers and so on. Has anyone done this, thoughts?

Stallion

(6,474 posts)
26. Many Attorneys Have Fire Proof Safes
Wed Feb 1, 2017, 07:47 PM
Feb 2017

...if he (or she) is my family lawyer its often one of the first places family will look

The Velveteen Ocelot

(115,674 posts)
27. That's not a good idea. It just delays the probate process
Wed Feb 1, 2017, 08:07 PM
Feb 2017

because you have to get authorization to get into the box (and hope you can locate the key), which means you have to wait for a death certificate - which might take a couple of weeks. Leave the original with the executor or an attorney and be sure whoever will need to see it knows who has it.

I want to get one of those big safe deposit boxes and stuff it with those fake joke "snakes" made of springs and fabric, like the ones in the gag mixed nut cans. The drawback to being dead is that I wouldn't be able to watch when the box is opened.

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