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

Short answer: If your parents are alive, you generally do not have an automatic legal right to their private estate-planning documents (wills, trusts, powers of attorney) merely because you are a child. If your parents are deceased and the will has been submitted for probate, the probate process makes certain documents public. If you are a named beneficiary of a trust or the appointed guardian/agent/executor, or if a fiduciary duty applies, Minnesota law gives you stronger rights to see the documents and to ask a court to order production.

Detailed Answer — What Minnesota law and common practice mean

Start by identifying which documents exist and whether your parents are alive. The rules differ depending on whether the document is a will, a trust, a power of attorney, or some other appointment.

When your parents are alive

• Wills and trusts are ordinarily private while the testator or settlor is alive. Your parents control who sees their estate plan and may share it (or not) at their discretion. Minnesota law does not create a blanket public right for family members to view private estate documents during the parents’ lifetime.

• If a family member is acting in a fiduciary role (for example, your sibling is your parent’s court-appointed guardian, conservator, or is acting as a trustee or as an agent under a power of attorney), that person generally must provide certain information and accountings to the person who has the right to receive them (the principal, the trust beneficiaries, or the court). That fiduciary duty can be enforced by filing a petition in district court.

When a parent dies

• Wills: In Minnesota, wills are typically filed with the county probate court for administration. Once a will is probated, the probate file becomes a public record and interested persons may obtain copies from the court. See the Minnesota Probate Code, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

• Trusts: Revocable trusts usually remain private after a settlor’s death, unless a trustee provides the trust instrument to beneficiaries or a court orders disclosure. Minnesota has adopted a trust code that governs trustee duties and beneficiary rights; beneficiaries typically have a statutory right to information and accountings from the trustee (see the Minnesota Trust Code). For general trust-law guidance see the Minnesota Statutes (Trusts chapter): https://www.revisor.mn.gov/statutes/cite/501C.

When you do have stronger legal grounds to demand documents

• If you are a named beneficiary or contingent beneficiary of a trust, Minnesota law gives beneficiaries the right to certain information about the trust and to request copies of the trust instrument in many circumstances.
• If your sibling is serving as a trustee, executor, guardian, conservator, or agent under a power of attorney, that person has fiduciary duties. Beneficiaries or the principal can ask the court to compel the fiduciary to produce documents and to account for actions.
• If you have reason to believe there is wrongdoing (concealment, fraud, self-dealing), you can petition the court for discovery or other relief. A court can order production and impose sanctions if a fiduciary refuses.

Practical step-by-step actions you can take in Minnesota

1. Confirm whether your parents are alive and what document type you seek. If they are alive, ask whether they want to share the documents; respect their privacy if they decline.
2. Make a clear written request. Send a dated, written request (email or certified letter) to your sibling asking for a copy. Keep a record of your attempts. If you are a beneficiary or the sibling is acting in a fiduciary role, reference that role in your letter.
3. Ask the parents’ attorney or the sibling’s attorney. If the estate plan was prepared by an attorney, the attorney may be able to provide a copy to authorized persons or provide guidance. Note: attorneys will not release privileged documents without client permission, but they may confirm whether documents exist and how to proceed.
4. If the parent is deceased and a will exists, check probate filings. Contact the county probate court clerk for the county where the parent lived to see if a will has been filed for probate. Minnesota probate law is in Chapter 524: https://www.revisor.mn.gov/statutes/cite/524. Probate filings are public.
5. If you are a beneficiary of a trust or the sibling is a fiduciary and refuses to cooperate, consider filing a petition in district court. A petition can ask the court to order production of the trust instrument, accountings, or other documents, and to remedy breaches of fiduciary duty. Minnesota’s trust statutes provide the framework for beneficiary rights: https://www.revisor.mn.gov/statutes/cite/501C.
6. Use discovery tools if litigation is already pending. If you or your attorney file a lawsuit (for example, to challenge a will or to remove a trustee), you can subpoena documents or use court-ordered discovery to compel production.
7. Consider mediation or negotiation. If a court battle would be costly, sometimes a neutral mediator can help resolve disputes and obtain the documents you need.

What you will need to prove or show to a judge

• Proof you have a legally cognizable interest (e.g., named beneficiary, contingent beneficiary, or injured party from a fiduciary’s action).
• Copies of your written requests and evidence your sibling refused to produce documents.
• Any facts suggesting misconduct or breach of fiduciary duty (if relevant to your petition).

Timing, costs, and likely outcomes

• Informal requests and working with the parents’ attorney can be low-cost and fast. Court petitions take time (weeks to months) and involve filing fees and attorney fees. A judge can order production, require accountings, remove or surcharge fiduciaries, and award other remedies if misconduct is shown. If documents are truly private (and your parents are alive and competent), a court is unlikely to order disclosure absent strong reasons.

Example (hypothetical facts to illustrate)

Hypothetical: Your mother is alive and appointed your brother as her power of attorney. You believe your name should be included as a beneficiary in a trust your mother created but your brother will not share the trust document. First, ask your mother whether she wants the document shared. If she is incapacitated and your brother is acting as trustee or agent, you may request production and an accounting from the fiduciary; if he refuses, you can file a petition in district court asking the judge to order production and to enforce fiduciary duties.

Helpful Hints

• Always put your request in writing and keep copies of all correspondence and delivery receipts.
• Contact the attorney who prepared the estate plan—attorneys often guide clients to share documents or advise on legal next steps.
• Document any evidence of wrongdoing (missing funds, suspicious transactions) if your concern is more than mere secrecy.
• If a parent has died, search the county probate court records where they lived; wills usually surface there.
• Consider a short consultation with a Minnesota estate or probate attorney to evaluate standing and likelihood of success before filing court papers.
• Weigh emotional and financial costs—litigation can be expensive and divisive; mediation sometimes resolves matters faster.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Minnesota attorney who handles probate and trust matters.