Nearly 5 years ago, I wrote an article about what to do when you can’t find the Will of the decedent.

Recently, Lifehacker revived the Wall Street Journal‘s handy article reminding us that we all ought to revisit where and how we store important documents for easy access and peace of mind.

I’ve never been a big advocate for storing client’s estate planning documents (Last Wills, Living Trusts, etc…) simply because there is too much potential liability.  Unfortunately, I’ve never had any foolproof ideas for securely storing sensitive documents and data either.

Safe deposit boxes seem to be an obvious option, but in Florida, a court order is usually required to access an SDB by anyone other than the lessor/owner of the SDB.

So if you’re going to keep your documents at home, check out the link for some document storage inspiration.

• Gather These Twenty-Five Documents You Need Before You Die | Lifehacker

Though there are rare ocassions where claims can be enforced, it is simply that … rare.

What does this mean to a probate petitioner?

1. A Notice to Creditors need not be published (saving anywhere from $100 to $300 on publication costs).

2. Summary Administration is generally available (short form probate).

3. No waiting 90 days for the creditor period to expire before assets are distributed.

Please don’t misunderstand. There are plenty of reasons to pursue probate even if it has been less than 2 years since the date of death, but the 2 year rule is always a welcome situation.

The main problems with this Will were that it was improperly witnessed/notarized and one of the heirs had predeceased the decedent. That heir had children that according to this will were essentially written out and disinherited (which appears to be unintentional).

This further supports my gripe with a “Will-in-a-box”. There is no guidance. There is no discussion of how the Will shall be “played out” in probate administration. These document companies have sold the document, perhaps written a thick orange book or secured a high profile attorney to endorse the product, but has no intention of helping you or your heirs if things go wrong.

Typical questions:

If the company says that the Will is “state specific”, shouldn’t it be effective?

Perhaps. The number one problem with these forms is that the testator (person executing the Will) typically doesn’t understand the formalities of execution. There are witness requirements and notarized affidavits that should be included to facilitate (and I do mean facilitate) administration in Florida probate.

So if I do my research or the forms give instructions on how to execute them properly, am I in the clear?

Depends. A few other glaring omissions that I’ve seen include:

1. Waiving bond for the personal representative
2. Planning for predeceased children or heirs
3. Contingent trusts in the event that a minor or otherwise incompetent child receives a distribution
4. Planning for distribution of one’s homestead

Having a Will-in-a-box is better than having no will at all (most of the time), but many lawyers will prepare one properly for a few hundred bucks. Why are you risking thousands, tens of thousands or perhaps hundreds of thousands of dollars in cash or real estate on a $9.95 form?