Can I force my sibling to give me a copy of our parents’ estate plan in MD?

Short answer: It depends on whether your parents are alive or deceased and what type of document you want (will, trust, power of attorney). Maryland law generally keeps pre‑death estate planning documents private. After a parent dies, a will normally becomes public when filed for probate with the Register of Wills. If a trustee or executor is refusing to provide documents you are legally entitled to (for example, trust beneficiaries are usually entitled to certain information), you can ask the court to compel production.

Detailed answer — what you need to know and the steps to take

1. Identify the document type and whether your parent is alive

Estate planning commonly includes wills, revocable or irrevocable trusts, powers of attorney, and advance health care directives. Rights to see these documents differ:

• If the parent is alive: Most documents are private. A parent can share them or sign an authorization allowing family members or an attorney to see them. Absent that authorization, a sibling generally cannot force production of documents while the parent is alive unless a court has previously appointed you as a guardian or conservator with authority to inspect finances and records.
• If the parent has died: Wills typically are filed with the Register of Wills for the county where the decedent lived and become part of the public probate record. You can check the Register of Wills website for your county or contact the Register of Wills office. (General Maryland information: https://www.mdcourts.gov/registers and probate information: https://www.mdcourts.gov/probate.)

2. If the parent is deceased and your sibling refuses to turn over the original will

If the original will exists but your sibling refuses to file it or to give you a copy, you can take steps:

• Contact the Register of Wills for the county where the parent lived. The Register will explain how to present a will for probate.
• If you reasonably believe your sibling is hiding or willfully withholding a will, you can file a petition with the Orphans’ Court (or appropriate probate court) asking the court to require production of the document or to consider other remedies. The court can sometimes order a person to produce a will they possess or face contempt or other sanctions.

3. If the document is a trust

Trusts are generally private, and revocable inter vivos trusts usually do not become public when the grantor is alive. Beneficiaries of a trust, however, have rights to information about the trust and to accountings from the trustee under Maryland law and trust principles. If a trustee (including an executor who is also trustee) refuses to provide trust documents or financial accounting, a beneficiary can petition the circuit court to compel production, request an accounting, and, in some cases, seek removal of the trustee.

4. Practical steps to try before you sue

1. Send a clear written demand to your sibling. State who you are, what documents you want (e.g., a copy of the will or trust), whether the parent is alive or deceased, and give a reasonable deadline (for example, 10–14 days). Keep a copy of the letter and proof of delivery (certified mail or courier).
2. Ask the parent (if alive) directly and request written permission to receive copies. If the parent is not competent, determine whether anyone is legally appointed to act for them (an agent under a power of attorney or a guardian).
3. Check the Register of Wills for the county where your parent lived. If the parent is deceased, ask whether a will has been filed and how to obtain a copy: https://www.mdcourts.gov/registers.
4. If you are a named beneficiary or have reason to believe you have legal rights, consider a demand letter from an attorney describing legal remedies available if the sibling does not produce the document.
5. If negotiation fails, you can ask a Maryland circuit court to compel production or file a petition in the Orphans’ Court (probate court) where appropriate.

5. Evidence preservation and remedies

Keep written records of all requests, dates, and responses. If a court finds someone intentionally concealed a will or withheld trust documents, remedies can include court orders to produce documents, monetary sanctions, attorney’s fees, or, in rare cases, criminal penalties if applicable. Civil relief can include compelling an accounting, compelling turnover of the original will, or removal of a trustee.

6. When to consult a lawyer

Talk to a Maryland probate or trust attorney when:

• Your parent is deceased and someone is withholding an apparent will or other estate documents.
• You are a named beneficiary and the trustee refuses to provide documents or accountings.
• You need help drafting a demand letter or filing a petition in court.

An attorney can explain your rights, draft a demand under Maryland procedure, and represent you in Orphans’ Court or circuit court.

Helpful Hints — quick actions and practical tips

• Ask: Is the parent alive? If so, request permission for a copy. Obtain written authorization from the parent if possible.
• Check the Register of Wills: if the parent is deceased, the will should be filed for probate. Contact the Register of Wills in the county where the parent lived: https://www.mdcourts.gov/registers.
• Keep records: save all emails, letters, texts, and notes of verbal requests. Documentation helps if you go to court.
• Use a firm but professional demand: a short written demand that cites your status (e.g., potential beneficiary) and gives a clear deadline often works.
• Consider mediation: family disputes over estate documents sometimes settle faster and cheaper through mediation than litigation.
• Know the limits: Maryland generally protects privacy for estate documents while a person is alive. Beneficiary rights increase after a trust becomes operative or a will is filed for probate.
• Get local help: probate practice varies by county. A Maryland attorney can advise about Orphans’ Court procedures in the correct county and represent you if court action is necessary.

Resources

• Maryland Judiciary — Register of Wills: https://www.mdcourts.gov/registers
• Maryland Judiciary — Probate information: https://www.mdcourts.gov/probate
• Maryland Judiciary — General estate planning info: https://www.mdcourts.gov/legalhelp/family/estateplanning
• Maryland Rules (court procedure): https://mdcourts.gov/rules

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and how the law applies depends on the specific facts. For advice about your situation, consult a licensed Maryland attorney.