General Questions
- Can I prepare my own will or trust?
- Where should I keep my original will and/or trust?
- Where should I keep my original Durable Powers of Attorney?
Can I prepare my own will or trust?
Theoretically, you can. There are books and forms and computer programs for sale that will allow you to do this. However, in nearly 30 years of practice I have seen very few self-prepared wills that accomplished their intended purpose. And not a single do-it-yourself trust.
You can fill out the California Statutory Will, available on the Forms page of this website But it really doesn’t contain enough explanation about how important it is to carefully think through each question before filling in the answer. Nor does it explain what happens if you don't fill in a particular answer.
I would only advise the California Statutory Will for a quite small estate or if you want all of your estate to go equally to one or two or three beneficiaries.
Or you may prepare a holographic will, explained elsewhere.
As for a do-it-yourself trust, I have just three words: Don’t do it.
A trust is a very complex document with literally dozens of choices to make; and each choice affects dozens of other provisions with their own choices, which in turn... Well, I hope you get the picture. Even attorneys who aren’t skilled in estate planning generally don’t understand them. A layman simply doesn’t stand a chance unless s/he is very sophisticated, very meticulous and very lucky.
If you’re going to do it yourself, you’re better off forgetting the idea of a trust and sticking with a simple will.
back to top
Where should I keep my original will and/or trust?
In a safe deposit box at a bank. No exceptions.
In my practice, I give my clients their original trust and/or will as well as a three-ring binder containing copies of all of their estate planning documents. The binder is to keep at home for occasional reference. But if it is lost in a fire or a burglary, it can always be replaced, while the original documents are safe at the bank.
Needless to say, you should let your executor or successor trustee know where to find the original documents, although it is not necessary that they know what is in the documents until after your death.
back to top
Where should I keep my original Durable Powers of Attorney?
Opinions differ on this, but I suggest that you give the original to the person named as your agent. He or she should not, however, put it in a safe deposit box. You never know if you might need the original after banking hours.
Give a copy to your alternate agent and keep a copy for yourself. Also, a copy of your Advance Health Care Directive or Durable Power of Attorney for Health Care should be given to each of your doctors, with the request that it be placed in your file.
back to top