During estate planning, people often consider the future with a sense of assurance that their affairs will be managed according to their wishes. However, a common concern that comes up is what happens if the attorney who drafted your estate plan unexpectedly passes away? In this article, we will explain what happens to your estate plan in such circumstances and provide reassurance on how to navigate this situation.
The Importance of Original Documents:
First and foremost, it’s essential to emphasize the significance of retaining the original documents of your estate plan. Whether it’s a will or a trust, having the originals in your possession is crucial. These documents serve as the foundation upon which your wishes are legally supported. With the originals, you retain the power to make changes or updates to your estate plan as needed, even in the event of unforeseen circumstances such as the passing of your attorney. Often times, client documents are stored by an attorney, and when they pass away, clients have a difficult time obtaining their documents.
Administering Your Trust:
When it comes to trust administration, many individuals worry about the continuity of legal support after the death of their attorney. However, your trust can still be effectively administered by any qualified trust administration attorney, even if they didn’t draft the original documents. As long as your estate plan is comprehensive and well-drafted, any qualified attorney can carry out the necessary legal procedures outlined in your trust documents.
The Value of Relationships:
While it’s preferable to have the attorney who drafted your estate plan to oversee its administration, as they possess a deep understanding of your family dynamics and personal history, it’s not a requirement. Clients often develop meaningful relationships with their attorneys over the years, making the idea of transitioning to a new legal representative uneasy. However, it’s essential to recognize that the validity and enforceability of your trust remain intact regardless of the attorney’s passing.
Succession Planning and Recommendations:
Many attorneys have succession plans in place to address the continuity of services for their clients in the event of their death. This may involve recommending trusted colleagues or providing a list of qualified attorneys who can step in to assist with trust administration. In some cases, another attorney may take over the clientele list, ensuring that clients have access to continued legal support.
In conclusion, the passing of the attorney who drafted your estate plan does not invalidate its effectiveness. With the original documents in hand, you have the flexibility to engage any qualified trust administration attorney to carry out your wishes. While the bond between client and attorney is cherished, the legal framework of your estate plan remains resilient.
