Safeguarding Your Legacy: Best Practices for Storing Estate Planning Documents

At Z Family Law, we understand that your estate planning documents are more than just papers—they represent your legacy and your love for those you care about. While your attorney may store your documents for some period of time, you shouldn’t rely on them to hold the only copies of your documents. It’s crucial that you keep track of your own documents and ensure that your loved ones and designees have copies of or quick access to documents they may need. Proper storage of these vital documents ensures that your wishes are honored and your loved ones are protected.

Here are some best practices to consider:

1. Home Storage:

Despite the name, a safe deposit box is not actually a very safe place for critical documents such as your advance directive, powers of attorney, and other estate planning documents. A safe deposit box can be hard for your designees to access in the event you are incapacitated. Plus, most banks charge monthly fees to maintain a safe deposit box, but if your payments lapse for any reason, you could lose all of the contents, leaving your loved ones without the documents you so thoughtfully prepared. Instead, storing your estate planning documents at home offers immediate access and control. To safeguard against potential threats like fire, water damage, or theft, invest in a high-quality, fireproof, and waterproof safe. Place the safe in an elevated location to mitigate risks from flooding or leaks. Ensure that trusted individuals are aware of the safe's location and have access instructions. Consider recent events like the Los Angeles fires as a reminder of how important it is to protect your documents from unforeseen disasters. Proper preparation can save your family additional stress during difficult times. 

2. Digital Storage Solutions:

In today's digital age, storing electronic copies of your estate planning documents can provide an added layer of security and convenience. Utilize encrypted cloud storage services to protect sensitive information, and ensure that your executor and/or trusted family members have the necessary access credentials. Consider using a service such as DocuBank as a digital storage, or look into QR code medical IDs, such as those available from the MedicAlert Foundation Foundation, which provide quick access to your directives for first responders, healthcare providers, and loved ones. Remember, while digital copies are convenient, they should complement, not replace, your original documents.

3. Take it to the Register of Wills:

In Maryland, you can deposit your original will with the Register of Wills in your county for safekeeping. This ensures the document is stored securely in a fireproof environment and remains confidential during your lifetime. Only you or someone you’ve authorized can access it while you’re alive. After your passing, it becomes accessible to your personal representative for probate. This is an affordable and secure option to protect your legacy—simply visit the office with your original will and a one-time fee of $5.00 to complete the process. However, keep in mind that the Register of Wills only accepts your WILL for storage. Other vital documents, such as HIPAA waivers, advanced directives, and powers of attorney, will need to be stored elsewhere.

4. Informing Relevant Parties:

Regardless of where you choose to store your documents, it's crucial to inform your executor, trustee, health care agent, designated financial representative, and trusted family members about their location and any access instructions. This ensures that, when the time comes, your estate can be administered smoothly and according to your wishes.
By taking these steps, you can have peace of mind knowing that your estate planning documents are secure and accessible to those who need them. At Z Family Law, we're here to assist you in every aspect of your estate planning journey, ensuring that your legacy of love is protected for generations to come.