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

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

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.

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.

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.

I am so sorry you are having these ttroubles. Thank you for writing of your problems here-- you will be saving other people much heartache, if other people take 5 mins and check to see if they have their parents Will tucked away in their fireproof safe! My parents are both gone now, and I do have their original paperwork. However my mom (who died a month ago) made the horrible mistake of crossing things out and re-writing them in the margins....but not signing or dating the re-writes.

on her will? have you already filed it since she passed away? did they say anything about that? my dad kept their will in his fireproof box but it got broken so I got it and made a copy of it to keep at my house; was so glad I had when he passed away because then, strangely enough, we couldn't find his copy then but not sure what silver's parents did but my parents each made a will - yes, they were the "sweetheart" kind but they each had a provision that if the other had already passed away then everything went to me. And his house needed that kind of work on it as well, which I'd thought was going to get done but it never did, but he had that much money at that point, which I'd planned to use, although I couldn't then to get the work done; it was all still just in his name, but would have used to reimburse; his heat went out in his house, so heaters had to be purchased. What would have been the tax issues with selling his house, that you don't want to do that? that's what dad was going to do to pay for a place to go to; maybe it's a good thing he ended up not doing it?

and, pil, if your dad's already titled his house over to you (and sorry, got names mixed up on other comment) - and brother - what other estate does he have or at least that you expect him to have, if you expect him to run out of money - my dad's didn't have to go through probate, with him still having his house, since that was all he had, though may have been a value of the house thing, but still, if your dad won't even have his, sure wouldn't think so. And when I asked about the tax issues, wasn't thinking/realizing then it was already in your name, but now my question still stands, since my dad has passed away, re deciding what to do about his house now that I do have it - what are the tax issues that you don't want to sell his, if you don't mind? and are you asking if you need a will for you or for him? but, yes, as I've understood, if he's already been deemed incompetent, I don't believe he could do a new one. Have you been able to rent out his house yet?

wow...needed this post!!