Our office will keep paper and electronic copies of your documents that we do for you on file for seven (7) years. However, the original documents will be needed by your Agent and Executor 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 - your executor 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: Take the original document as soon as possible 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; however if you live in the City of Danville you will go to the courthouse on Patton Street) and have it 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.
Healthcare Power of Attorney and Living Will: Put original in a safe place until requested by medical personnel. Take a copy 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.
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; however if you live in the City of Danville you will go to the courthouse on Patton Street) and have it recorded. This is particularly important if you are working on a five-year lookback period for Medicaid!