Frequently, the question does not include important facts that, if known, could significantly change the answer. These responses should be considered general legal education and are intended to provide general information about the question asked. I am ethically required to state that the above answer does not create an attorney/client relationship. My practice is focused in the areas of estate planning and probate administration. I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. ***Please be sure to mark if you find the answer "helpful" or a "best" answer. I do not personally feel this is the right way to view things or to run a law practice, but there is nothing illegal or unethical about doing so. There are lots of estate planning attorneys who view the representation of their clients as terminated, as soon as those documents are signed. There is no requirement that documents be kept by the attorney, however. This is an area where individual practice varies from law firm to law firm and attorney to attorney. I keep copies of documents, but all originals go to the client. Some attorneys will scan them, once signed, and keep a digital copy. MANY estate planning attorneys do not retain copies of ANY estate planning documents. MoreĪttorneys are not required to keep originals or copies AT ALL.
You will not become my client unless and until you sign and return a retainer agreement and it is signed by me as accepted.
This answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. Please mark this answer as "Best" or "Helpful" if it is to you. So, there is not any standard on how long the attorney needs to keep the will or trust, if they keep it at all. My office practice is that we keep a fully executed copy, for reference, in case somebody needs to re-review it, but the original is either provided to the client, or sent the the Probate Court for the County Will Repository. Often they were kept by the attorney "years ago" but in the last 25 years or so as people have become more transient for employment and retirement closer to family many times the client retains the originals now. The attorney may determine in their practice if they will keep the original, or send to the court for filing, or provide to the client.
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