What can I do to get a copy of my parents Will, if the attorney who drew it up will not return my calls?

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My Dad has Alzheimer's and my Mom has died. My Mom & Dad made a will with an attorney. I cannot get the attorney to call to us back to get a copy. No one can find a copy. Options? I know I was named executor with my brother being next in line. I was, also, name as MPOA and as Durable POA. I did see a copy of it, that's how I know, but Dad doesn't know where it is and I can't find a copy of it. Please help?

Answers 1 to 10 of 19
Check safe deposit boxes, firesafes, filing cabinets, dresser drawers, desk drawers.

Don't understand why the attorney won't return your calls? That's unprofessional. Even the office staff hasn't called you back? Have you told him in the voice mail that your mother has passed and you need to probate? Likely your dad will need a new will now, anyway, as most elders have what they call "sweetheart" wills. What's mine is yours and vice-versa. He will need to name a new beneficiary. While you are at it, look for insurance policies because he may need to fill out a new beneficiary form.

My condolences for your loss.
He doesn't have a safety deposit box. There is nothing left in his house because everything was moved out in order for a tenant to move in. I have been through every piece of paper I could find and nothing. I finally got to talk to the lawyer after a year of trying and he looking through his records. I'm not holding my breath. I have all his records since I am his legal guardian and conservator and the insurance policies are fine. Just no will and I know one was made because I was there.
Mom did not have enough to probate because she was on Medicaid in the nursing home. All 1800.00 went to my Dad.
How long have you been calling the attorney? This time of year often staff is on holiday and messages can get lost. It wouldn't hurt to put your request in writing and send it registered mail. Include all documentation that gives you the right to request the information on your dad's behalf, better yet have him sign the request himself.
As conservator I would think you'd be entitled to a copy, but I'm no lawyer and I could be wrong. In general, a will is not a public document until the person passes on, I don't think. It could be that you have to get your own attorney if your parents' attorney is seeing or feeling a conflict of interest that is not actually there? Now you are beyond a shadow of a doubt entitled to copies of your POAs - that makes no sense at all if you don't have those.
piluvyoga, I came across this set of postings regarding your parents. https://www.agingcare.com/Questions/when-should-i-look-into-applying-for-medicaid-171772.htm regarding a Trust that was made in 2010, etc.

Does your brother have a copy of the Trust/Wills/POA? For an attorney to drag their feet and not return your calls, or is delaying looking in the office files for a copy of your parents Trust/Wills/POA, etc. something else has to be going on. Was this the same attorney that drew up the documents in 2010?

OK, I've been calling and e-mailing him for almost a year. Yes it is the same attorney that drew up the trust. My brother says he doesn't have a copy. In fact, he asked me for a copy. Today, I finally sent a letter and filed a complaint with the Colo. Bar.
Lawyers don't keep copies of Wills any more. They tell you to file it with the county clerk's office. If he dies without a Will, you will pay about $2000 to be appointed fiduciary. I hope for your sake he is still competent enough to sign a Will. If he is not, then a Guardianship hearing is needed and that is $3000 and UP. As for the lawyer, he expects you to make an appointment and pay by the hour for his advice. Even the Bar will agree with that.
Top Answer
When I recently went to an Elder Law attorney to have a Trust, Will, POA's, etc. all drawn up I was given a 3-ring binder with copies of the all the documents, plus all the originally signed documents stapled onto the standard blue heavy paper, plus I was given a computer disc which has all the documents.

My attorney also has a copy of the disc on file in her office in case I need to make any changes. I don't know how long the firm keeps documents on file, it could vary from firm to firm.

Now when my parents had the same done, they also got a 3-ring binder with computer disc but I kept the originally signed documents so I can grab them quickly when needed.... plus I was afraid it would get lost in the jumble of files that Dad has :P

Thanks. To pamstegma, I have already been named as my Dad's Legal Guardian and his Conservator by the Courts. My Dad already retitled his house to me and my brother. I am in charge of his money. I really don't think he is going to have anything by the time he passes, so do I really need a will for him? And with his dementia, I don't think a new will would hold up since it has already been determined that he is not mentally compentent. I'm thinking that within the next 2 or 3 years he is going to run out of money, so will his estate still have to go through probate. I know that my parents wanted everything split 50/50 between me and my brother, but I have spent about $15000.00 trying to fix up his house so it can be rented, so I'm planning on paying myself back before I split up any money we get from selling his house in the future. I don't want to sell his house now because of tax issues. So, will I need a will?

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