No question is too dumb for GQ. Moving to GQ.
-xash
General Questions Moderator
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Dumb questions call for opinions.
Moved to IMHO.
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Tuba, why is BANNED under your name? Does this mean that we have to search for your cyber will?
As far as the OPs question goes, when I draft a person’s will, I usually keep the original in our vault and give a non-signed copy to the client, so it is important that the client’s estate trustee/executor knows to call our office should the client die. The reason we keep the original is that in some dysfunctional families, wills have a nasty tendency to get lost or stolen as people get older, and even in normal families, it is still a good idea to not keep one’s will where one lives, just in case there is a file that kills the testator and burns up the will at the same time.
The relationship between the lawyer and the testator and the testator’s family tends to be a long one, ranging from drafting wills and powers of attorney for members of the family, handling real estate transactions, handling business transactions, and advising or representing on litigation matters. For the most part, when one of our clients dies, the person’s family already knows that we were the person’s lawyer. More often than not, the trustee has previously been acting under a power of attorney also drawn up by us, and was told by the then ill person to get the POA document from us.
At the front end, when the wills and POAs are signed, we ask the client to speak with the future executor/attorney and go through the will and POAs with that person, and tell thap person to speak with us when the time comes. We also put our name, address and phone number on the covers of the documents, so if the testator decides to give an unsigned copy to the executor, the executor will know where to call.
As a double check, during down time, our receptionist reads the obits in the paper and compares them against our will register.
If a lawyer kicks off, the wills kept by that lawyer are usually kept by the new lawyer who takes over the practice, or else the wills are transfered to the courthouse (Registrar for Estates).
Although there is no legal requirement that a lawyer keep a client’s will or have anyhing to do with the estate, it is usually comforting for the POA attorney / estate trustee to know that should he or she need any advice or assistance, we are there, be it to simply give a bit of direction, or to actually handle the settling of the estate on behalf of the trustee. Often it can help calm dysfunctional families down when they know that the lawyer who drafted the will is the person handling the estate on behalf of the trustee that they otherwise do not trust.
Drafting and storing wills is not a profit centre – we cover our expenses but that is about it. Processing estates is makes a bit of a profit, but nothing huge (unless it is a huge estate). The big payoff in the wills and estates area is in litigation, where people go to court to dispute how the estate is being settled. I will earn several hundred times the price of a typical will when I litigate on behalf of a typical estate. That’s where the years of developing a client relationship comes in. Keeping the POAs and will, and helping out along the way through the client’s life and the client’s family’s members’ lives is a very important part of that client development. In short, it is important that we try to keep track of our clients sothat when a major matter arises, we hopefully will get the work.
I’ve moved this one out of sight. It’s obviously overrun with trolls.
samclem
samclem’s been having trouble with his judgement of late.
Moving this to GQ, where it belongs.
-xash
General Questions Moderator
If this doesn’t end up in “Threadspotting”…
This question apears to involves testamentary capacity and testament. Doesn’t witnessing belong in GD?
OK, I’m now pulling the plug – this was obviously an April Fool Joke, inspired by http://boards.straightdope.com/sdmb/showthread.php?t=365356
We thought we’d have a li’l fun. Hope you enjoyed!