# Should I give original Will to beneficiary ? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 11, 2016, 3:22am UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773 "2016-01-11T03:22:10Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [January 12, 2016, 4:27am UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/21 "2016-01-12T04:27:03Z")
> [@psychobunny](#): > > I don’t see how a stepdaughter would have any claim. Even if the will were destroyed, she would not be an heir. That said, IANAL. I suggest you consult with one. We should be careful here, the OP may have adopted the daughter although she still refers to her as her step-daughter. California law does allow step-children to inherit under limited circumstances. [Probate Code Section 6454](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6450-6455) > [@](#): > > 1. For the purpose of determining intestate succession by a > person or the person’s issue from or through a foster parent or > stepparent, the relationship of parent and child exists between that > person and the person’s foster parent or stepparent if both of the > following requirements are satisfied: > (a) The relationship began during the person’s minority and > continued throughout the joint lifetimes of the person and the person’ > s foster parent or stepparent. > (b) It is established by clear and convincing evidence that the > foster parent or stepparent would have adopted the person but for a > legal barrier. ---
**Author:** ![Motorgirl](https://avatars.discourse-cdn.com/v4/letter/m/e36b37/32.png) [@Motorgirl](https://boards.straightdope.com/u/Motorgirl)\ **Post date:** [January 12, 2016, 6:29pm UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/22 "2016-01-12T18:29:19Z")
Fourthing (no really it’s a word I swear) the suggestion to have the locks changed. It really doesn’t cost much and if you’re handy you could even do it yourself. ---
**Author:** ![Misnomer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/misnomer/32/14897_2.png) [@Misnomer](https://boards.straightdope.com/u/Misnomer)\ **Post date:** [January 13, 2016, 1:39am UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/23 "2016-01-13T01:39:48Z")
> [@eulalia](#): > > You can basically do the same transfer-on-death thing with bank accounts, securities and vehicles in a lot of states, and you can name the person you want as the beneficiary on your retirement accounts. This way they don’t have to wait for probate. I plan to do this for my son. I think somebody will have to get a bunch of copies of your death certificate to make it all happen though. This. A thousand times, this. My mom died recently and had named my brother and I as beneficiaries/TODs on her bank accounts, CDs, and annuity. Those were all of her assets – no property, etc. – so there was no estate and therefore no need for probate. I was named as the executrix, but didn’t even bother getting the letters of administration. It has made life MUCH easier. But yes, so far I’ve needed 5 certified death certificates (not copies) and it looks like I may need a few more before all is said and done so I’m about to place another order with the funeral home that handled her cremation. ---
**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\ **Post date:** [January 13, 2016, 2:25am UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/24 "2016-01-13T02:25:04Z")
When my husband died, I got 20 certified death certificates, and I only have two left. Everybody wanted one and a copy wouldn’t do-- banks, insurance company, even transferring his car title to me. ---
**Author:** ![Oddball\_92](https://avatars.discourse-cdn.com/v4/letter/o/b3f665/32.png) [@Oddball\_92](https://boards.straightdope.com/u/Oddball_92)\ **Post date:** [January 13, 2016, 2:30pm UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/25 "2016-01-13T14:30:15Z")
> [@psychobunny](#): > > I don’t see how a stepdaughter would have any claim. Even if the will were destroyed, she would not be an heir. That said, IANAL. I suggest you consult with one. She may not actually have a claim but that may not prevent her from trying, therefore costing lots of money and aggravation for the OP. Hopefully the OP will consult an attorney and let us know what he/she advises. ---
**Author:** ![Whiskey\_Dickens](https://avatars.discourse-cdn.com/v4/letter/w/9fc348/32.png) [@Whiskey\_Dickens](https://boards.straightdope.com/u/Whiskey_Dickens)\ **Post date:** [January 13, 2016, 2:41pm UTC](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773/26 "2016-01-13T14:41:36Z")
Sounds like your husband trusted his daughter (key for the house). You sure you want to deny her any inheritance? Was this discussed with your husband? I am in the step-daughter’s position. My (much older) father has remarried, and his wife has no love lost for me. I could easily see him passing first and me having no legal claim to his personal effects. My father and I have stayed very close despite my relationship with his wife, but I could see him leaving everything to her in the interest of maintaining her lifestyle. Especially considering you have no living heirs, purposely omitting your step daughter seems spiteful. In my humble opinion, of course. [Previous page](https://boards.straightdope.com/t/should-i-give-original-will-to-beneficiary/742773.md?page=1)