Legal Tea Episode 238. Cautionary Tales - Attorney Retired or Died. Now What?
Mar 3, 2026
What to do when your attorney retires or dies and your original estate documents go missing. Where firms typically store originals and the risks when files are destroyed or lost. How firm size, surrogates, and succession plans affect continuity. Practical tips for choosing an estate planning attorney and confirming contingency plans.
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Keep Your Original Estate Documents
- Check whether you have your original estate planning documents, not copies or scans.
- Jenny Rozelle warns originals with ink signatures are required in specific crises and you should avoid scrambling to find them later.
No Central Vault For Estate Plans
- Many states don't file estate plans with courthouses, so law firms or clients are usually the sole custodians of originals.
- Attorneys may destroy client files after a statutory period (commonly 3–7 years), so originals can vanish if you don't act.
Get Originals And Reevaluate Your Attorney
- If your attorney retires or dies and the firm assigns a new lawyer, request your originals and treat it as an opportunity to shop around.
- Rozelle emphasizes you are not obligated to stay with the inherited firm and should find a better fit now.