Detailed answer — what Nebraska law generally allows and what you can do

Short answer: your legal ability to get a copy depends on whether your parents are alive, whether the document is a will or a trust, and whether the document has been submitted to Nebraska courts. Nebraska law treats wills, trusts, and other estate-planning papers differently. Below are plain-language rules and practical steps you can take.

1. If your parents are still alive

If your parents are alive, their estate plan (will, trust, powers of attorney, health-care directives) is their private property. Nebraska law does not generally require an owner to give a copy of private estate-planning documents to family members while the owner is competent and alive. A sibling who is simply holding a copy has no automatic legal duty to provide it to you unless the parents have given you a legal right (for example, they named you as a beneficiary who must be furnished the document, or they gave you a power of attorney or a trust beneficiary designation while alive).

2. If a parent has died and the will has been or should be probated

When a decedent’s will is filed for probate in Nebraska, the will generally becomes a public court record and anyone can obtain a copy from the county court where probate is filed. If a sibling is refusing to hand over a will after a parent’s death, you can:

• Ask the county court clerk whether a probate case has been opened for that parent.
• If a probate case is open, request a copy of the will from the court records (public access).
• If no probate has been filed and someone is in possession of the original will, Nebraska law expects the person holding the will to deliver it to the county court for probate. If they refuse, you can notify the court and consider filing a petition to compel production or to open probate.

For general Nebraska statutes and probate rules see the Nebraska statutes and the Nebraska Judicial Branch pages on probate and county courts: Neb. Rev. Stat. (Probate/Trust laws) and Nebraska Judicial Branch — County Courts / Probate. These pages will point you to the specific laws and local court procedures for filing probate and requesting records.

3. If the estate plan is a trust

Revocable trusts are private instruments while the settlor (the person who created the trust) is alive. However, when a person dies, many trusts require the successor trustee to provide copies to beneficiaries. If you are a named beneficiary and the trustee (which could be your sibling) refuses to give you a copy of the trust instrument or required accountings, Nebraska law provides beneficiaries certain rights to information and an ability to ask the court to compel disclosure or to enforce trustee duties. If the trustee is not cooperating, beneficiaries can petition the court for an order compelling production or for other relief.

4. If your sibling is the personal representative or the trustee and is withholding documents

If your sibling is the appointed personal representative for the probate estate, or the successor trustee after a settlor’s death, they owe duties to beneficiaries and heirs. Those duties include providing notices, inventories, and often accountings and copies of governing instruments when the law or the document requires it. If your sibling is failing to perform these duties, you may ask the court to enforce them and to compel disclosure. Remedies can include motions to compel, petitions to remove a fiduciary for breach of duty, and requests for sanctions.

5. Practical and legal steps to take

1. Document your request. Send a written request (email and a mailed letter) asking for a copy. Keep proof of delivery.
2. Confirm whether a probate case exists. Contact the county court in the county where your parent lived. If probate has been opened, you can get court records directly from the clerk.
3. If you are a named beneficiary of a trust, formally request a copy of the trust instrument and any required accountings. Cite your beneficiary status and state you will seek court relief if necessary.
4. Consider a demand letter from an attorney. A short attorney letter often prompts compliance without filing a lawsuit.
5. If informal steps fail, file a petition in county court. Depending on the situation, you can ask the court to (a) order the person to deliver the will or trust instrument or to open probate, (b) compel the trustee or personal representative to produce documents and accountings, or (c) remove a fiduciary for breach of duty.
6. If you expect litigation, preserve evidence. Keep copies of communications and do not destroy documents. Avoid threats or harassment; stick to formal requests and court procedures.

Because specific procedural rules and statute citations matter, an attorney who practices Nebraska probate and trust law can tell you exactly which filings to make in your county and whether emergency relief (for example, to locate and secure assets) is appropriate.

Helpful hints — quick checklist to get a copy or compel disclosure

• Identify whether the parent is alive. If alive, respect their privacy and ask them directly if possible.
• Send written requests and keep proof (email receipts, certified mail return receipts).
• Check county court records where the parent lived to see if a probate case exists.
• If you are a named beneficiary, cite that status when requesting documents from the personal representative or trustee.
• Use a neutral tone in requests — focus on obtaining records, not on accusations.
• Retain an estate or probate attorney in Nebraska early if your sibling is a fiduciary refusing to comply; lawyers can send demand letters and file the right court petitions quickly.
• Act promptly. Time limits and deadlines for probate and estate administration can affect your rights.
• If you suspect hidden assets or fraud, ask an attorney about discovery tools and emergency court orders to preserve assets.

Where to find Nebraska forms and court information

Start with the Nebraska Judicial Branch and local county court clerk. County court clerks can tell you whether a probate case exists and how to request records. For statute text and to look up the Nebraska Probate and Trust statutes, visit the Nebraska Legislature site: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

Next steps and when to speak to an attorney

Contact an attorney if any of the following apply:

• Your sibling is the trustee or personal representative and refuses to share documents required by law or the trust/will;
• You suspect the will or trust is being hidden after a parent’s death;
• You need help filing a petition to compel production, to open probate, or to remove a fiduciary;
• You suspect fraud, undue influence, or theft of estate assets.

An attorney will review your facts, confirm your status as an heir or beneficiary, cite the exact Nebraska statutes and local court rules, and represent you in court to compel disclosure or to protect estate assets.

Disclaimer: This article explains general information about Nebraska law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nebraska attorney.