I am a lawyer who has written a number of wills over the last several years. Should I hold onto the original will and keep it in a safe place in a file cabinet, or should I give the original will and other original documents pertaining to estate planning back to the client to hold and just keep copies?
The conventional wisdom that has been imparted to each successive generation of lawyers is that a lawyer wants to keep the original will in safekeeping for the client. The theory behind that is if a client dies and the lawyer has the will, the family will come to the lawyer and the lawyer will get to represent the estate and probate the will and make a fee from the representation of the estate.
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