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How to Keep Your Estate Plan Safe​?

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Estate planning advice and caution

You’ve spent time, thought, and resources creating an estate plan that protects your family and assets, but have you thought about how to keep that plan safe?

Your estate plan is only as effective as your ability (and your loved ones’ ability) to find and use it when it matters most. If your will, trust, or powers of attorney are lost, outdated, or inaccessible, your wishes could be delayed, disputed, or even ignored.

As an Orange County estate planning attorney, I often remind clients: creating an estate plan is only step one. Step two is protecting it.


1. Store Your Estate Plan in a Safe, Accessible Location

The first and most important step is deciding where your original estate planning documents should live.

Original signed copies of your will, trust, powers of attorney, and health care directives are legally significant, digital copies may not hold up in court.

Here are some recommended storage options:

  • Fireproof, Waterproof Safe at Home
    Keep your original estate plan in a high-quality, fireproof safe that can withstand heat, water, and theft. Make sure at least one trusted person knows how to access it (combination or key).
  • Attorney’s Office
    Many estate planning attorneys (including our office) can store your signed originals securely and provide you with copies. This ensures your documents are professionally safeguarded.
  • Bank Safe Deposit Box (Use with Caution)
    A safe deposit box is secure but can be difficult to access after death unless someone else is listed as an authorized co-signer. Always check your bank’s access policies before relying on this option.


2. Keep Digital Backups (But Protect Them Carefully)

While physical documents are essential, digital backups can make it easier to share and retrieve copies when needed.

Tips for digital estate plan storage:

  • Scan your signed documents and store encrypted copies in a secure cloud drive (such as Google Drive or Dropbox with two-factor authentication).
  • Label each document clearly (e.g., Pevney Family Trust / Signed 2025.pdf).
  • Do not email unencrypted copies of your estate plan, emails can be intercepted or forwarded unintentionally.
  • Share access only with your trusted executor, successor trustee, or spouse.

Digital copies are helpful for quick reference, but they do not replace your original signed documents.


3. Tell the Right People Where to Find Your Documents

One of the most common estate planning mistakes is keeping everything too private.

Your executor, trustee, and healthcare agents can’t carry out your wishes if they can’t find your estate plan.

You don’t need to disclose every detail, but you should:

  • Tell your trusted contacts (spouse, adult children, or successor trustee) where the originals are stored.
  • Provide them with a “Where to Find Important Documents” list, including account information, attorney contact info, and passwords (if applicable).
  • Keep a copy of this list in the same secure place as your documents.

At Pevney Estate Planning, we often provide clients with a Family Information Summary Sheet to help organize these details for loved ones.


4. Review and Update Your Estate Plan Regularly

Even the most secure storage can’t protect your estate plan from becoming outdated.

Major life events such as marriage, divorce, births, deaths, new property, or changes in the law can all impact your plan.

I recommend reviewing your estate plan:

  • Every 3–5 years,
  • After major life events, or
  • When tax or inheritance laws change in California.

During an update, make sure new versions are signed, stored safely, and old versions are clearly marked as “revoked” or destroyed to avoid confusion.


5. Protect Against Scams and Unauthorized Access

Estate plans often contain sensitive personal and financial information. To prevent misuse:

  • Shred draft copies or outdated versions.
  • Never share your documents with unknown parties, even if they claim to be “verifying” legal information.
  • Be cautious of emails or phone calls requesting access to your estate plan.
  • Consider adding password protection or a digital vault for sensitive financial details.

Your attorney can also provide guidance on how to maintain confidentiality while ensuring your successors can step in when necessary.


6. Make Sure Your Executor or Trustee Has Guidance

Even with your documents safely stored, your executor or successor trustee may need help understanding their responsibilities.

Provide them with:

  • Contact information for your estate planning attorney.
  • A brief letter of instruction or summary of your wishes.
  • Any account numbers, titles, or passwords they’ll need to act quickly.

This preparation prevents confusion and reduces stress during what will likely be a difficult time for your family.


7. Consider a Professional Estate Plan Review

If you created your estate plan more than a few years ago or completed it online without attorney guidance, now may be a good time to schedule a professional review.

At Pevney Estate Planning, we can:

  • Review your current will and trust for completeness.
  • Ensure all documents are properly executed under California law.
  • Confirm your plan reflects your current family, financial, and tax situation.
  • Recommend secure and practical ways to store your documents.

Final Thoughts

Creating an estate plan is one of the most important steps you can take to protect your loved ones but keeping it safe ensures it will actually work when needed.

By storing your documents properly, sharing access with the right people, and updating your plan regularly, you can rest assured your legacy will remain secure.

If you’re unsure whether your current plan is up to date or safely stored, I’d be happy to help you review it.

Don’t let your hard work go to waste, make sure your estate plan is protected and accessible when your family needs it most.

Schedule your free 30-minute strategy session today  with Michael Pevney, your trusted Orange County estate planning attorney.

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With over 18 years of legal experience in Orange County, Michael Pevney focuses now on estate planning to help families protect assets, avoid probate, and secure their legacy with confidence.