Creating a will is a significant undertaking for seniors, offering both peace of mind and a measure of control over what happens after they’re gone. However, even the most carefully crafted wills can lead to complications if they’re not stored correctly, kept confidential, or created without the benefit of professional advice.
Safe Storage for Wills
Simply put, wills need to be kept in a place that is secure, easy to get to, and shielded from potential harm. A frequent misstep for seniors is hiding a will too well—or placing it in a location that’s too vulnerable.
A fireproof and waterproof home safe is frequently a good choice, assuming someone the senior trusts can access it when the time comes. A bank safe-deposit box is another possibility, though it hinges on the executor or a family member having the legal right to access it. In certain states, sealed boxes can actually delay the probate process if no one can access them right away.
A third option is that many elder law attorneys offer a service in which they keep clients’ original wills, providing copies to both the client and the executor. This approach minimizes the risk of the will being lost or altered, or of creating confusion about which version is the latest. No matter where wills are kept, it is important to avoid vulnerable areas, such as filing cabinets, attics, or basements.
Who Should Know Where Wills Are Kept?
At the very least, the executor should know where to find the original will. If they’re completely unaware of its existence or whereabouts, the estate might be treated as if no will were ever made, at least for a time. It may also be wise to let a trusted family member or advisor know the will’s whereabouts, particularly if the executor lives far away.
Additionally, it is essential to destroy any old versions of wills if changes are made and inform everyone involved that a new one is in place, as multiple versions can lead to arguments and even legal battles.
Common Will Mistakes Seniors Make
The simplest mistake can create significant issues with wills. For instance, seniors may neglect to revise their wills after significant life events. Remarriage, divorce, the arrival of grandchildren, or the passing of a beneficiary are all triggers for updates that are sometimes overlooked.
Some seniors may also rely on generic online templates that may not align with state laws or the intricacies of their family dynamics. Another frequent mistake is failing to align a will with beneficiary designations, trusts, or advance directives, which can result in assets being distributed in unintended ways.
The Benefits of Working With an Elder Law Attorney
An elder law attorney is essential when it comes to wills. They make sure the will is legally sound, securely kept, and blends well with the senior’s overall estate plan. They also understand the unique challenges that seniors face, such as concerns about mental capacity, the possibility of undue influence, Medicaid considerations, and the intricacies of blended families.
Knowing where to store wills, who to tell, and avoiding common mistakes are key to ensuring a senior’s wishes are carried out as intended after their death. The good news is that an experienced elder law attorney can help seniors navigate each of these issues, giving them valuable peace of mind.
If you or a loved one needs assistance with Wills in Centerpoint, AL, contact The Alabama Elder Care Law Firm, LLC, today at (205) 390-0101
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