Our office will keep paper and electronic copies of your documents that we do for you on file for seven (7) years. However, it is important to know that the original documents you signed and that were notarized, will be needed by your Agent (under Power of Attorney) and Executor (under a Last Will & Testament) to perform various tasks on your behalf, as you will see in the instructions below.
Last Will & Testament: Put the original in a safe place - Please inform your Executor now of the whereabouts of your original Last Will & Testament as they will need the original document and the death certificate to qualify as administrator to probate your final wishes. The only copy should remain in your hands; copies do not need to be given to your Executor prior to your passing. We encourage your Executor to call our office upon your passing to notify us of such as well as request any assistance in the next steps of probating and administering your estate. Should an appointment be necessary we are here to help, but most advice can be handled in a short phone call.
Durable Power of Attorney: Keep in a safe place until it is needed and inform your Agent (the person you are naming as your Power of Attorney) of its whereabouts in the event you became incapacitated before you have it recorded. Once you feel it will be needed, take the original document to your local courthouse (depending on whether you live in a county or city limits; for example if you reside in Henry County you will go to the Henry County Courthouse on Kings Mountain Road and have it recorded. Please note, there will be a recording fee payable directly to the Circuit Court Clerk for the recording of the Durable Power of Attorney. Once recorded, this means a certified copy will be available from the courthouse should the original document become lost or destroyed; your agent(s) will need the original document *or* a certified copy (from the courthouse) to perform any financial activities on your behalf. Once recorded, put the original document in a safe location. Copies have also been provided to give to your agent(s) for reference purposes, and you should keep a copy at hand as well. After the Durable Power of Attorney has been recorded, banks and financial institutions will accept it.
Healthcare Power of Attorney and Living Will: Put originals in a safe place until requested by medical personnel. Take a copy of your Healthcare Power of Attorney to your primary care physician on your next visit and ask that a copy be made and put with your chart. Please be sure to get your copy back so if you need to take it to another physician or hospital you have it available. Copies have also been provided to give to your agent(s) for reference purposes, and you should keep a copy at hand as well. If asked if you have a Living Will, tell them you do have one and that your Healthcare Agent (person named in your Healthcare Power of Attorney) will provide it when it is needed.
Gift Deed (With or Without Life Estate) Once the Gift Deed has been executed (signed and notarized), immediately take it to your local courthouse, to the Clerk of Court, (depending on whether you live in a county or city limits; for example, if you reside in Henry County you will go to the Henry County Courthouse on Kings Mountain Road.) and have it recorded. This is particularly important if you are working on a five-year lookback period for Medicaid! Please note, there will be a recording fee payable directly to the Circuit Court Clerk for the recording of the deed.