(239) 434-8557 info@burzynskilaw.com

Did you or a loved one lose important legal documents in a natural disaster? If you lose original estate planning documents there are a few things to keep in mind. The first thing you should do (after you are safe from the clean-up process) is to contact your estate planning attorney and see if they saved electronic copies of your documents. (At Burzynski Elder Law we always scan all of our client’s documents on the day of signing so that we can easily email them to you upon request. We also offer to keep originals of the Will in our safe.)  However, not all law firms do this.

Thank you for reading this post, don't forget to subscribe!

 

Other than re-signing your documents, Florida law provides several options for addressing the issue of missing or damaged original estate planning documents.

 

According to Florida Probate law an original Last Will and Testament needs to be submitted to the court upon death. Therefore, the Last Will and Testament is the one document Burzynski Elder Law recommends re-executing as soon as possible. (If we prepared the original, we will have it saved electronically.)

 

An electronic copy of a Trust document should be sufficient for any purpose. If you have electronic copies, you should be okay to use these. Otherwise, you are welcome to have an attorney restate the Trust in its entirety so that you have a hard copy. Because you are simply restating the Trust, you can also continue to use the original Trust date. You will not need to retitle any bank accounts or other assets simply due to a restatement.

 

The Durable Power of Attorney is the most important document you have, and Florida law provides that an electronic copy has the same effect as a physical copy. An Advance Directive for Healthcare (or living will) would also be fine in electronic copy form.

 

If you choose to use a copy of the Durable Power of Attorney or Advance Directive for Healthcare, we suggest a notary public from the law firm that drafted your estate plan documents sign a Certification as Notary Public that the document is a true and exact copy of the original.

 

Before utilizing a copy of your estate planning documents, always consult with your attorney to make sure that these will be valid and accepted according to Florida law when needed. If you have lost documents or simply need a fresh start with your estate plan, please call us at 239-434-8557 to schedule an appointment.