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: [email protected]
• Learn more about Jill’s services
• Subscribe to the Death Readiness Dispatch!
• Submit a question for Tuesday Triage

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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.