Detailed answer — what New Hampshire law generally allows

Short answer: your ability to force your sibling to hand over your parents’ estate plan depends on whether your parents are alive, whether the documents are a will or a trust, and whether you are a named party (for example, a beneficiary). New Hampshire law treats wills, trusts, powers of attorney, and health-care directives differently. Before taking formal legal steps, confirm the parents’ status (alive and competent, alive and incapacitated, or deceased).

If your parents are alive and competent

When a person is alive and has capacity, their estate planning documents (will, trust, financial powers of attorney, health-care directives) are private. A sibling who possesses copies has no independent legal duty to hand them over unless the parent directed them to do so or gave the sibling authority in writing. Your main options are:

• Ask the parent directly for the documents or for permission to see them. The parent alone controls disclosure while competent.
• Ask the parent to provide the documents to an attorney who can preserve them or record them with the family.
• If you have reason to believe the parent lacks capacity and the sibling is withholding documents to take advantage of the parent, consider contacting an attorney about a guardianship/conservatorship (called a guardianship or conservatorship in some states). A court-appointed guardian or conservator will have authority to obtain documents. See the New Hampshire Probate Court information for guardianships at the NH Judicial Branch site: https://www.courts.state.nh.us/.

If your parent is alive but incapacitated and the sibling is acting as agent (power of attorney) or temporary guardian

An agent under a valid power of attorney or a court-appointed guardian has fiduciary duties to act in the principal’s best interest. That often includes providing relevant information to other interested family members and preserving estate planning documents. If the agent/guardian refuses, you can bring the issue to the probate court (for example, by asking the court to review the agent’s conduct or to appoint a different guardian). Review guidance on probate and fiduciary duties at the NH General Court site: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

If the parent is deceased

When a person dies, a will that is presented for probate becomes a public court record once filed. In New Hampshire, anyone can inspect documents filed with the probate court once they are in the court’s file. If your sibling refuses to cooperate after your parent’s death:

• If your sibling is purporting to be the executor or personal representative but has not filed any probate papers, you (as an interested party such as a potential beneficiary or heir) can petition the probate court to have the will filed and to appoint a personal representative. Once the estate is opened, filings are public and the personal representative must provide notice to heirs/beneficiaries.
• If a will has been filed and the sibling is the named executor, the court file contains a copy you can obtain from the probate court. If the sibling refuses to give you a copy voluntarily, request it from the court clerk or review the probate docket in person or online where available.

Trusts and trustee obligations

Revocable trusts are generally private; the trust document does not automatically become public on the grantor’s death unless the trust requires it. However, if you are a beneficiary of a trust, trustees generally owe duties of disclosure and accounting to beneficiaries. If the sibling is the trustee and refuses to provide trust documents or an accounting, a beneficiary can petition the probate court to compel production and to enforce the trustee’s duties.

Practical legal steps you can take in New Hampshire

1. Document your request. Send a written request by certified mail (keep proof of mailing and delivery). Be specific about what you want (copy of will, trust, powers of attorney, health-care directives).
2. Ask the parent (if alive) to provide or authorize release of the documents in writing. A signed authorization from the parent will usually resolve the issue.
3. If the parent is incapacitated and no agent is designated or the agent is abusive, consult an attorney about filing for guardianship/conservatorship so the court can appoint a fiduciary with authority to obtain documents.
4. If the parent is deceased, locate and inspect the probate filings at the New Hampshire probate court in the county where the parent lived. If no probate has been opened but you suspect a will exists, you can file a petition to open probate and request that the court order any custodian to produce the will.
5. If a trust likely controls assets and the sibling is trustee, request a formal accounting. If the trustee refuses, a written demand from an attorney followed by a petition to the probate court can compel disclosure and an accounting.
6. Consider a demand letter from an attorney before filing. Sometimes a firm, lawyer-signed demand prompts voluntary compliance without court intervention.
7. If you proceed to court, be prepared to show you are an interested person (an heir or potential beneficiary) or that you have good reason to seek protective or corrective relief (suspected wrongdoing, mismanagement, or withholding of documents). The probate court has authority to order production and to enforce fiduciary duties.

Where to find New Hampshire law and court information

For statutes and text of New Hampshire law, use the RSA index at the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html. For practical probate court guidance, local probate court contacts, and forms, visit the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Important: This is a general overview. Specific statutes and rules apply to petitions, notice requirements, and court procedures. If you plan to petition a court, consult a New Hampshire attorney who handles probate, trust, or guardianship matters so you follow the correct local procedures.

Disclaimer: I am not a lawyer. This article provides general information about New Hampshire law and is not legal advice. For advice about your situation, consult a licensed New Hampshire attorney.

Helpful hints — quick checklist for next steps

• Confirm whether your parent is alive and has capacity — if so, ask them directly for the documents.
• Send a clear written request to your sibling and keep proof of delivery (certified mail or email with read receipt).
• Gather evidence of your status as an interested person (letters, communications, financial records showing potential beneficiary status).
• If the parent is deceased, check the probate court in the county where they lived — many filings are public.
• If a trust exists and you are a beneficiary, request a formal accounting in writing; if refused, be prepared to petition the court.
• Use an attorney’s demand letter before filing court paperwork — it can be cheaper and faster than litigation.
• Keep a careful timeline and copies of all communications; courts look for documented attempts to resolve disputes without litigation.
• Consider mediation if family relationships matter and the facts do not indicate fraud or abuse.