After 30+ years, is there a reason to keep Dad's Last Will? All things were settled years ago. Mother was his sole beneficiary.
Now just weeks ago, Mother passed, and her new will was made after Dad died. I am taking care of Mother's business now. I am Mother's sole beneficiary other than one insurance account names her grandkids.
So how long do we need to keep wills, deeds, tax papers, etc.?

I would keep a copy only because there are occasional instances where a scammer will go to local vital statistics databases and create “new people” to apply for anything from benefits to alias names.

One of the law enforcement agencies I was with is a Sheriff’s office, and there were people who would go to the county courthouse, go through open records and start “building a person.” They’d eventually get caught, but not until after the real relatives hounded by creditors they didn’t know existed showed wills and death certificates.

for dad, just to clarify he is long since deceased and the estate closed. NO go ahead and pitch it. You can always get it from the court file should something go sideways. OR if you want, scan to icloud or dropbox and pitch it.

For deeds, that depends on the state, if you sold the home and its your original when you bought it, yes pitch that. If you still own the home, better not to that would vary by state. I would advise you to scan all owners title insurance policies that you will find with you deed.

remember to go to the 3 credit reporting co. and freeze all credit reports.

The most common problem in doing taxes is determining capital gains on inherited real property, stocks & other investments that are sold years later. Since the basis is value at time of death all records should be kept for at least 5 years after sale of inheritance. Also appraisal of property should be made ASAP after death. Also all purchase records of real or other property that would be sold in a way generating a 1099 should be kept 5 years after sale.

If everything's been settled with no potential legal issues for 30 years, the only reason to keep the will I could imagine might be for sentimental/family history reasons.

If discarding, definitely shred it. Even in that case, personally I might be tempted to scan/photograph it before shredding to keep the option open in case some future family member might find it of interest.

Do consider if it might be of future historical interest to family. Perhaps a grandchild might be interested in family history and would like to have it some day. I have a variety of original documents from 50 to 125 years old, such as personal letters, passports, a patent, marriage certificates, and birth certificates. A hand-signed will could be an interesting addition.

He's dead, right?

quote:

Originally posted by arcwelder:
He's dead, right?

Why would you ask a question like that?

Well?

Because the answer is "consult a lawyer in your state," I went with humor. It's a risk, jokes don't always land.

You want to try to be funny, don't do it in a thread when a man is talking about his deceased father. You will be the soul of discretion and politeness in such threads, or you will not say a single word.

30 years after his death seems safe enough to destroy the paper document. I would scan it and keep an electronic copy. It doesn't take any extra space.

I know with wills, the physical original is the only thing that counts but in this case, it's fulfilled its purpose.

The back story:
Dad passed in 1993. A few days prior he instructed me on his final wishes. "Cremation, and don't keep me around" I promised to do that.
Right after his time came, Mother said that when it is her turn, she wanted to be together again. So I broke my promise to Dad and kept him on the shelf like Harry kept Herb.
Now to have a double burial, we need all of Dad's papers. Can't find a death certificate, but a replacement is on the way. What a hassle.

quote:

Originally posted by Hamden106:
The back story:
Dad passed in 1993. A few days prior he instructed me on his final wishes. "Cremation, and don't keep me around" I promised to do that.
Right after his time came, Mother said that when it is her turn, she wanted to be together again. So I broke my promise to Dad and kept him on the shelf like Harry kept Herb.
Now to have a double burial, we need all of Dad's papers. Can't find a death certificate, but a replacement is on the way. What a hassle.

If he's cremated, how would anyone know there are 2 sets of remains going into the grave or repository? Is this a cemetery specific requirement?

Other than bodies of water, cremains are usually not subject to government restrictions on disposal. People sprinkle them on the ground in forests, disperse them into the air from airplanes, etc.

I went through something like this recently. The simple answer is to hang on to Dad's will until Mom's estate is settled because Dad's will may clarify what is or is not in Mom's estate.

I kept my fathers will because it was part of his life and death. Dad did a ton for me that I couldn't repay... ever. That's why I kept it. I still read it because he did a ton for me, my sister, and dad's grand (our) kids. I don't want to forget that, and I don't want the grand kids to forget that.

quote:

Originally posted by Hamden106:
The back story:
Dad passed in 1993. A few days prior he instructed me on his final wishes. "Cremation, and don't keep me around" I promised to do that.
Right after his time came, Mother said that when it is her turn, she wanted to be together again. So I broke my promise to Dad and kept him on the shelf like Harry kept Herb.
Now to have a double burial, we need all of Dad's papers. Can't find a death certificate, but a replacement is on the way. What a hassle.

1st off, sorry for your loss,

and, re the info in your post, this is helpful for my family,

we had Dad cremated per his wishes, and he wanted his ashes disposed,

needless to say, we never got around to that ceremony for various reasons, before Mom said she wanted his ashes buried when she passes,

my parents divorced about 84 or so, Dad passed in 2011 or so, and they had become good friends
Mom was a great help with his end of days, (Well end of years since it was dementia)

I still have copies of his old will, list of heirs (brother and I) drawn up by his lawyer, and other assorted paperwork that may be useful, including his death cert, when Mom passes

This falls under the better safe than sorry rule. Death certificates and wills I would keep for one extra generation, I.e. me. I keep my dads but I fully expect when I go that my kids should throw his away and keep mine. That certainly ain’t legal advice but it sounds reasonable.