Where is the Best Place to Store Legal Documents?
When people complete important legal documents such as wills, powers of attorney, and trusts they often feel a sense of relief. The planning is done, the paperwork is signed, and everything is in place.
But there is one step that is often overlooked: “where those documents are stored.”
This may seem like a small detail, but proper storage can make all the difference between your legal plan working smoothly and creating unnecessary complications for your loved ones.
Legal Documents Only Work if They Can Be Used
Legal documents are only effective if they are valid and accessible when they are needed. In many situations, the original signed document (not a copy) is required.
For example, in Florida when a person passes away, the court typically requires the original signed Last Will and Testament ("Will”) to be filed in order to begin the probate process. Copies are often not sufficient.
If the original document cannot be located, it can create serious complications.
What Happens if the Original CANNOT be Found?
Depending on the type of document, when an original legal document is missing, the document can be useless. For example, in the case of a Will, not having the original can lead to:
Delays in administering the estate;
Additional legal fees to attempt to prove the contents of the document; or
In the case of a will, a legal presumption that the will was revoked.
That last point is especially important. If someone had possession of their original Will and it cannot be found after their death, a Florida court may presume that the person intentionally destroyed it. Overcoming that presumption can be difficult and costly.
This is why proper storage matters so much.
One of the Best Places to Store Legal Documents
One of the most practical and effective places to store important legal documents is a fireproof home safe. A high-quality fireproof safe offers several advantages such as:
Protection from fire and water damage;
Keeping important documents organized in one location; and
Allowing trusted family members to access documents when needed
Many people assume that a safe deposit box at a bank is the best option. While it may seem secure, safe deposit boxes often create complications and delays in accessing the documents after someone passes away or is incapacitated. Access may be restricted, banks may require court orders, and loved ones can face delays trying to retrieve the documents. A properly secured home safe helps avoid these issues.
One Important Step People Forget
Even the best storage system will not work if no one knows where the documents are. A simple but critical step is to make sure a trusted person knows:
Where the safe is located;
How to access the safe; and
What documents are inside.
This ensures that the documents can be located quickly if they are needed in an emergency or after death.
Planning Isn’t Just About Signing the Documents
Thoughtful estate planning doesn’t end when the documents are signed. It includes making sure the right people can access the right documents at the right time. At Brett Legal, we don’t just prepare legal documents for our clients. We also work with our clients so they understand how to properly store and use them, allowing their estate plans work exactly as intended. Sometimes, that simple step can save families significant stress, delay, and expense in the future.
About Silvia A. Brett, Esq.:
Silvia A. Brett, Esq. is an attorney and founder of Brett Legal, PLLC, a Florida-based law firm focused on estate planning and probate. She is also a Florida Supreme Court Certified Circuit Civil Mediator. In her estate planning practice, Silvia drafts the necessary documents for comprehensive estate planning inclusive of wills, trusts, and advance directives. Silvia cares deeply about her clients and works with her clients so they are able to use the documents she has drafted in times of need. Click here to learn more about her services.
Disclaimer: The information provided on this blog is not intended to be legal advice and does not create an attorney-client relationship. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal advice on the particular facts and circumstances at issue from a professional licensed in your jurisdiction. The author expressly disclaims all liability with respect to actions taken or not taken based on any or all the contents of this blog. If you have any of the topics discussed herein, you should contact the appropriate legal, medical, psychological or other applicable professional.
