Podcast Episode Details
Back to Podcast Episodes
Why Losing Your Original Will Could Cost Your Family Everything
Episode 41
This week’s Tuesday Triage question comes from Jazmine in New Jersey. She believed she had “filed” her Will with her attorney until she discovered he’d been disbarred and her original Will was missing. In this episode, Jill unpacks what it really means to “file” your Will, how to protect it, and what happens if your original goes missing. She also shares a true Tennessee case that shows how critical proper Will storage can be and the surprising twists that followed.
What You’ll Learn in This Episode
“Filing” your Will isn’t an official legal act. Leaving your original Will with an attorney or in a law office is a storage choice, not a filing requirement. Most firms offer it as a business convenience, not a legal safeguard.
If your original Will goes missing:
- Start by contacting the attorney who drafted it to see if they have the original or a Word version.
- If not, you can retype the Will or convert a PDF and re-execute it with updated dates and witnesses.
- A new Will should always revoke prior versions. Make sure a revocation clause is included in your new Will.
Where to keep your Will:
- A fireproof, waterproof box at home works well if trusted people know how to access it.
- A safe-deposit box can complicate access after death, sometimes requiring a court order.
- Some counties (like Oakland County, MI) let you deposit your Will with the probate court for a small fee.
If no one can find your original Will, the law presumes you destroyed it intentionally, meaning you’re treated as having died intestate (without a Will). Overcoming that presumption requires clear and convincing evidence that the Will was lost or destroyed against your wishes.
A real-world example — In re Estate of David Leath
- When David Leath’s Will couldn’t be found, the court ruled he died intestate.
- His wife, Raynella, was later convicted (and later acquitted) of his murder, triggering the slayer statute, which bars killers from inheriting from their victims.
- The case highlights why keeping your original Will secure, and retrievable, is critical.
The big picture. You can’t control every outcome, but you can control how clear and accessible your plans are.
Resources & Links
- Related Episode:Why You Need (or Don’t Need) a Will
- Referenced Case:In re Estate of David Leath
- CBS News Coverage of the Leath Case
- Raynella Dossett Leath’s Profile – National Registry of Exonerations
- Submit a question for Tuesday Triage
Connect with Jill:
- Website: DeathReadiness.com
- Email: jill@deathreadiness.com
- Learn more about Jill’s services
- Subscribe to the Death Readiness Dispatch!
- Submit a question for Tuesday Triage
Did you enjoy this episode? Please share it with someone you care about.
This podcast pr
Published on 1 month, 1 week ago