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

went back and saw the situation with the lawyer; have you heard any more?

what's happening with the rent money? are you using it to pay yourself back? or is it based on that when he'll run out of money? so where he is now won't accept Medicaid? and, sorry, you're right about all the tax stuff with selling the house now; I'd forgotten about all that; dad had talked about selling his house before he was ever going to go into a facility; I wish he had, don't you wish your dad had? mine would pretty much have to in order to finance it; he didn't have much money. Guess that's one thing people don't think about with the retitling issue and glad you mentioned about the life estate as well, since fil did that with his land that he divided among his kids, with one for mil, so the tax you would owe is based just on your share of the house? not counting your dad's share, with the life estate? just found out about that in re selling our share of fil's property; how old is your dad? and didn't you say you heard from the lawyer?

Oh & yes, I have rented out my Dads house which helps his financial situation but he will still run out of money in 3 & 1/2 years or sooner.

To debdaughter, the tax issue is since my parents had retitled their house in me & my brother's name with them keeping a life estate in the house, if we sell the house while my Dad is alive both me and my brother will owe capital gains tax on our share of the house which comes to about $20,000.00 each. Since only my Dad has any basis in the house and only he can claim the $250,000. exemption since there is a residency requirement for that exemption which says that you had to have lived in the house for 2 out of the previous 5 years prior to the sale. Once my Dad passes, then me & my brother will have a basis in the house equal to the fair market value of the house at the time of Dad's passing and we will not owe any capital gains tax because we will have inherited the house from Dad. That is why I don't want to sell the house now. And I have done the calculations and my Dad will run out of money in 3 & 1/2 years. My husband & myself have incurred almost $25,000.00 in fixing up the house and obtaining guardianship & conservatorship which I should be allowed to pay myself back from Dad's estate, but if I do that now, then Dad will run out of money in 1 & 1/2 years. When he runs out of money I will have to move him into a Medicaid facility knowing that it will probably make his alzheimers worse. I am struggling with this issue because if I don't pay myself now, I know I will have a fight on my hands with my brother if I wait until Dad passes & I try to recoup my expenses from the sale of Dads house. But, at the same time I don't want to have to move my Dad sooner because it will only hurt him, but if I don't it will hurt me in the future because I don't have a lot of money for me & husbands future.

wow...needed this post!!

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?

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?

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.

Pil - will dad have enough of his own $ either from SS, retirement, savings, etc to be able to private pay for his NH stay? Does dad have about 250K - 300K to pay for a NH?

If not, and dad will need to apply for Medicaid, then I'd go to see an NAELA elder law attorney to come up with a plan on how to reinburse you or other for items paid by you all but for dads care, property or needs. You don't want that 15k spent on his house to be viewed as "gifting" by Medicaid. Comprende?

You need new legal anyways, the old one is over dealing with you & your family. I'd bet that he is more of a what I call a "format attorney" whose practice is about doing the paperwork needed according to state law but not about strategizing options for estates.

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?

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

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.

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.

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?

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.

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.

Mom did not have enough to probate because she was on Medicaid in the nursing home. All 1800.00 went to my Dad.

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.

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.