Saving Material to Present in Probate Court

Changes Introduced by the Computer

 

 

Twenty years ago one had only a single way to save the material for presentation in probate court. Back then; all wills were saved on paper. The paper will was examined in the probate court. The proliferation of personal computers has changed that fact. Now many wills are saved on computer files, or on a disc.

 

Yet data show that at least 40% of those who put a will on a computer or on a disc do not arrange for a backup. Without a backup for a will, a lawyer might get to probate court and then find that he or she could not retrieve the will that was the subject of the court case.

 

While there are two ways to backup a computer or a disc, one of those two approaches seems better suited to the needs of the lawyer who must present the will in a probate court. That particular backup system is called Direct Attached Storage (DAS). With DAS storage, the stored materials have a direct connection to the server.

 

If the DAS storage system were used with a personal computer in the home or office, then the stored information could be easily retrieved and printed. The printed material could then be taken to probate court. Back-up software could be used to prevent loss of the stored material.

 

Because an appearance in probate court means that humans will take part in the retrieval of information, back-up software would be of great importance. Human intervention represents one of the primary causes for the loss of information. Even experienced lawyers in a probate court could slip-up and hit the wrong button at the wrong time. That could lead to loss of valuable information.

 

For those who might shy away from the expense of a DAS, there is one further reason to consider the purchase of such a system. Not only does it assist with the back-up of information, it also assists with the organization of information. If information is more organized, a lawyer will find it easier to present that information in probate court.

 

For those who might want to avoid probate court, and might decide to use a living will, the LAN storage system could be the way to go. That is a storage device connected to a network. Trustees who deal with a living will, unlike those who appear in a probate court, generally need to retrieve the same information a number of different times. That retrieval becomes less troublesome if one has used an LAN storage system.

 

Both those who plan to use a probate court and those who have chosen to use a living will need to appreciate the fact that human intervention could alter their planned method for the distribution of their inheritance. Human intervention, either within the probate court or outside of the probate court, could somehow reduce the available information on the estate of a decedent. For that reason, one should arrange for all stored information to have a connection to some sort of back-up system.

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