Tuesday, October 16, 2012

Open To The Public

After Jack and the bank officer found his mother’s Will in her safe deposit box, the bank filed it with the court clerk.  If Jack had found her Will at home, he would have been required to file it himself.  Your last Will is supposed to be filed within 30 days of your death.

It should be filed with the Circuit Clerk of the Court for the county of your residence at death.  The clerk charges no fee to file the Will, but probably will charge for any certified copies of the Will requested.

Those requests for copies can come from your family, heirs, friends, even reporters or just about anyone.  The files of Wills kept by the circuit clerk are public records open to the public.

So Jack’s mother’s decision to leave her daughter, Tammy, nothing at all in her will can be discovered by anyone who cares to look, which Jack knows is not how his mother wanted it.

She could have kept that painful decision private several ways, including using a living trust.  Then her Will could simply “pour” any assets remaining outside her trust at the time of her death into her trust.  The trust does not have to be filed and so her unequal distribution could have remained private. 

For advice about living trusts and other estate planning options, call our office at 436-1996 for an appointment.  ©2012 Gruber Law Office, Ltd.


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