Safeguarding Estate Planning Documents

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Holland & Hart - Fiduciary Law Blog

In light of the recent dramatic weather events, including hurricanes and tornadoes, it is a good time to discuss preservation of estate planning documents.  In many instances, people escape from their homes with only the clothes on their back, or even if they do have a bit of time to gather items to take, they may not think about their estate planning documents.

In addition to paper copies, it is a good idea to preserve your estate planning documents electronically and store them either in a secure cloud back-up or a physical back-up to your computer housed in a different location.  Then documents can be reprinted from an electronic copy.  The only document that might be a problem not having the original in this scenario, at least in most states, would be the will.  However, if you can produce a signed copy of the will, there is usually statutory authority providing a means to prove a copy of a lost or destroyed will.  In Colorado, the statute is C.R.S. § 15-12-402(3).

We routinely provide electronic PDF copies of their documents to our clients, and as a further safeguard, we have electronic copies stored on our servers with multiple back-ups at different locations.  Hopefully the situation never arises that such copies have to be accessed, but it is always better to be prepared. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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