Must an attorney who drafted a trust retain a copy after the execution of the trust?

Misplaced my copy of trust. Contacted attorney who drafted trust. Was told he did not have a copy because it's his office policy not to keep a copy of executed trust. Is this normal?

Horicon, WI -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Trusts Attorney - Livonia, MI
Answered

It happens. I have heard of policies like this. I believe it to be a bad business practice and a poor example of client service. I cannot tell you how many times I get calls from clients indicating that they have misplaced their documents. I always keep an extra signed set of copies for this reason. Some attorneys prefer to keep only digital files. Some do not keep copies of documents, at all.

James Frederick

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Brian Mitchell Mekdsy

Brian Mitchell Mekdsy

Trusts Attorney - Marlborough, MA
Answered

I agree with Mr. Frederick that whether or not this is normal, it is not good customer service. As a matter of prudence and good record-keeping, the attorney who drafted the trust should have at the very least kept copies of the documents, even if not signed. You never know when a situation like this is going to come up.

This answer is in response to a general legal question and is intended for informational purposes only. It does... more
Steven M Zelinger

Steven M Zelinger

Estate Planning Attorney - Philadelphia, PA
Answered

I agree that it is not normal.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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