Legal Question in Elder Law in Maryland

Why does lawyer keep original of will and POA. How do I get them?

Asked on 5/03/13, 1:50 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Your question is not entirely clear.

A client may ask his/her lawyer to hold onto an original will for safekeeping, may keep the original him/herself or the original may be filed with the Register of Wills. Any of these options are permissible, though in my own practice wills are generally filed for safekeeping with the Register of Wills. Wherever the will is stored, one should make sure it is a safe place.

If you are the client, you may certainly ask your attorney for your own will. This can be a simple phone call or letter. If you are not the person who made the will the attorney should not release it (unless the client consents in writing or dies). If the Will is filed at the Register of Wills, it stays in safekeeping unless the person who made it signs it out or they die and someone comes with a copy of the death certificate to withdraw and probate the will.

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Answered on 5/03/13, 2:03 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

I maintain copies with original signatures to ensure that the wish and intent of my client is upheld should any legal contest be brought. Filing copies with Orphans Court is also done for the same reason.

Do you want a Last Will and Testament or Power of Attorney that was prepared for someone other than yourself?

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Answered on 5/03/13, 4:20 pm

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