The attorney is deceased and my dad who had Alzheimer's past away last week. Our mom and dad had their Wills drawn up in 1983 since then the attorney, our mom and dad have all passed. Our mom in 2000 and dad last week. I know who the attorney was there is no info and dad had no idea where his will was his Dementia/Alzheimer's took hold of him and his memory....well anyone who know's someone with Alzheimer's knows what I am talking about. Between my brother and I we have/had Guardianship for dad and his estate and know that dad is gone we need help on what to do. Thanks in advance for your help
Have you had a chance to go through your parent's files to see if there might be a will in there someplace?
Are you and your brother the only living siblings?
As guardians, you could also ask for advice from the judge who appointed you; it may be determined that since the Will cannot be located, you might have to follow guidelines for someone who died w/o a will (intestate). I'm surmising here; this would have to be concurred with by the court, specially the judge who appointed you as guardians.
There's another issue and that's what assets, if any, your parents left, and whether any of them were titled jointly with you and/or your brother. If so, those assets would pass to you & your brother w/o the need for probate.
One of our experts wrote an article that can help answer your question. Check it out here: https://www.agingcare.com/articles/How-to-Find-Out-if-a-Loved-One-Had-a-Will-210723.htm
Take care,
The AgingCare.com Team
When an attorney dies or retires, there is usually another attorney, or some type of administrative body, that takes over for their duties. They don't get to just toss all their clients' records in the trash. There are legal guidelines they have to follow.
Are you in the U.S.? I don't know the protocol to find out who would've taken over for your parents' attorney, but someone/something did. Find out who that is. Good luck. :-)