I have information that I wish to include in my will that I want to protect until after my death.

Asked over 1 year ago - Harker Heights, TX

I cannot trust my spouse and I am trying to find a way to file my last will and testament without my spouse being able to access it and destroy it. My children are barely adults and not ready for this responsibility. I don't have anybody I can trust or wish to burden with this. Is there a way to file a will and leave the info with my children on how to access it in case of my death?

Attorney answers (4)

  1. Walter Wilbur Beuhler

    Contributor Level 14


    Lawyers agree


    Answered . One can deposit their Will for safekeeping with the County Clerk. The clerk will seal it in an envelope (without reading it) and only the people you authorize can remove it after there is proof provided to the Clerk that you are deceased. You can, of course, remove it yourself if you find that you wish to revoke it or change it.

  2. Steven John Clausen


    Contributor Level 16


    Lawyers agree

    Answered . Let your attorney have possession of the Will. Notify your children who is your attorney.

  3. Jessica Anne Newill

    Contributor Level 12


    Lawyer agrees

    Answered . I am sorry to hear that you must go to these lengths to protect your children's inheritance. I agree with lodging the will with the court. The fee is minimal. Yes, you have to retrieve it to make changes or file a new will if you execute one, but it is much safer than leaving the will with an attorney or anyone else. The court is not going out of business, so the will is not going anywhere if you lodge it.

    Further, I would never agree to hold a client's original will and I cannot imagine many attorneys would. It is a huge liability for the attorney and leaves a lot of room for error. What happens if the attorney goes out of business? Moves? Dies before you? Cannot be found when the will is needed? Etc.

    Make sure you inform someone you trust that you have lodged the will.

    Good Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as... more
  4. John P Corrigan

    Contributor Level 19


    Lawyers agree


    Answered . Although true you can put on file with the County as my colleague properly noted, I do not generally like this approach because if you change your will and forget to provide the new one to the county then things could get messy. If you used an attorney to prepare it for you then you can have them keep it in their safe and then give your kids a letter telling them that on your death to see atty ABC at XYX law firm to get the original will needed to file the probate petition.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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