What are best practices for creating, maintaining, and storing a will for legal action upon death?

SGT Private RallyPoint Member — Mon, 10 Apr 2017 08:29:00 -0400

Response by PFC Jonathan Albano made Apr 10 at 2017 8:39 AM

PFC Jonathan Albano — Mon, 10 Apr 2017 08:39:13 -0400

I would seek help from an expert when drafting it. I would also review it at least once a year as well as within a few weeks of major events in your life. A lot of people store theirs in a fire/water/gun proof safe while others store it in a safebox at the bank. That said, the main thing is keep it somewhere that it isn't likely to perish when you do and to make sure somebody or multiple somebodies know where to find it if/when they need to.

Response by LTC John Shaw made Apr 10 at 2017 8:54 AM

LTC John Shaw — Mon, 10 Apr 2017 08:54:10 -0400

Your will is a basic estate planning document that directs the allocation of your property upon your death.
If you are active duty, guard or reserve you can go to the JAG or legal aid and have them completed for free and this document is great for most people. If you have a more complex financial or family situation then you want to seek an attorney specialist in estate planning and trusts.
When the will is created, you should sign and have witnessed three originals. One kept by the attorney on file, one you store in a bank or off site lockbox you and your attorney know and one for your records.

Maintaining a will means as you have children or change spouses you destroy the older documents and replace with the new will.

Upon death your attorney will execute on your intentions as stated in your document.
Unless something in the will is deficient or an asset is acquired that stated which may involve the probate Court

Response by Maj John Bell made Apr 10 at 2017 9:59 AM

Maj John Bell — Mon, 10 Apr 2017 09:59:42 -0400

One notarized copy each:
_One TRUSTED Relative (NOT a friend) in a different household, that you have regular contact with
_One attorney,
_Safe Deposit Box
_Your Township or County Clerk (if they will do it) and
_Your intended mortuary service (if they will do it).

Have a piece of Bright Orange Paper on the door or side of your refrigerator with important numbers and the location of important documents (Will, Conditional Power of Attorney, Do Not Resuscitate (DNR)Orders, etc. etc.) in the case of your death or incapacity. Anything that might piss off family and friends should ONLY be left with the attorney and in the safe deposit box. In some states, like Michigan, 1st Responders are trained to look for orange sheets of paper on the refrigerator for important documents and patients with DNRs are told to put the orange sheet there. Except for a DNR, don't put the actual document on the refrigerator door.

Response by SGT Patrick Wells made Apr 10 at 2017 8:51 PM

SGT Patrick Wells — Mon, 10 Apr 2017 20:51:33 -0400

We had JAG do ours way back when I was Active Duty. After 30 some years we decided to have new ones done since we figured the old ones were out of date with Info. The atty. we went to informed us there was no need to have new ones drawn up. The military office that had drawn our originals up had done an extremely good job .
A fire proof safe was the recommendation for storage, By our atty.. We were told NOT to put it in a safety deposit box. Reason being is that it will be sealed upon your death and not unsealed until the court proceedings.