Detailed Answer — What South Carolina law says and what you can do

1) If your parents are alive

– Privacy: Estate planning documents (wills, trusts, powers of attorney, advance directives) are normally private while a person is alive. Your sibling or your parent’s attorney has no general legal duty to give you copies simply because you ask.

– When you might have a right to see documents now: You may have a right to see copies if you are a named co-trustee, a current trustee owes duties to beneficiaries, or if your parents signed a specific agreement giving you access. For example, if you are a named trustee or beneficiary of a trust that exists today, the trustee generally must keep beneficiaries reasonably informed and may have to provide copies or accountings on request.

– What to do: ask your parents directly (preferable if they are competent). If they confirm a trust or will exists and want you to have a copy, they or their attorney can provide it. If your parents do not want to share documents, the law often respects their privacy while they are alive.

2) If a trust exists and you are a beneficiary (or co-trustee)

– Beneficiary rights: Under trust law principles (as reflected in South Carolina trust and probate rules), trustees must keep beneficiaries reasonably informed about trust administration and provide information necessary to protect beneficiaries’ interests. If your sibling is the trustee and is withholding the trust instrument or accountings, you can demand disclosure and, if ignored, file a petition in probate/civil court to compel production and for an accounting.

– Practical steps: send a written demand to the trustee (certified mail), preserve all communications, and consult an estate/trust attorney to prepare a formal petition to compel disclosure or for removal of a trustee if there is misconduct.

3) If a parent dies and your sibling is hiding the will or other documents

– Wills and probate: A signed will must be submitted to probate court after the testator’s death. Once the will is filed in probate it becomes part of the court record and is publicly available. If your sibling refuses to file a will, you can contact the probate court and request guidance or file a petition asking the court to require production or to appoint a personal representative.

– Concealment or destruction: Intentionally hiding, destroying, or failing to submit a decedent’s will may expose the person to civil liability and could be criminal depending on the facts. The probate court has remedies to address suppression or wrongful withholding of estate documents.

4) Practical remedies you can pursue in South Carolina

• Write a clear, dated written request and send it by certified mail (receipt required). Keep copies of all communications.
• If you are a trust beneficiary or co-trustee, make a formal written demand for the trust instrument and accountings. Cite your beneficiary status.
• If your parent has died and you suspect a will exists but your sibling refuses to produce it, contact the probate court for the county where the decedent lived and ask how to file a petition to require submission or to open an estate.
• Consult a South Carolina probate/estate attorney. An attorney can send a demand letter, prepare a petition to compel production or an accounting, and advise whether emergency relief or removal of a trustee/personal representative is appropriate.
• Use the South Carolina Bar’s lawyer referral to find counsel: https://www.scbar.org/public/get-legal-help/
• If you think criminal conduct occurred (theft of a will, destruction of estate documents), contact local law enforcement and your attorney to discuss possible criminal referral along with civil remedies.

5) Which South Carolina laws and resources are relevant

– South Carolina probate and trust matters are governed by state statutes and probate rules. For an overview of South Carolina probate and probate court procedures, see the South Carolina Judicial Branch probate pages: https://www.sccourts.org/probate/

– For statutory text and code titles related to probate, trusts, and fiduciary duties, consult the South Carolina Code of Laws (see Title 62 and related chapters) at the South Carolina Legislature’s code pages: https://www.scstatehouse.gov/code/statmast.php

6) When to get a lawyer

– If the documents are likely to be important to your inheritance or the administration of a trust. If your sibling is withholding documents after death. If you suspect wrongdoing (concealment, destruction, diversion of assets). If your sibling is trustee or personal representative and is not providing information required by law.

Helpful Hints

• Be factual and document everything: dates, what you asked for, how you asked, and any replies. A clear record helps a lawyer or court.
• Start with a polite written request to your parents (if alive). If they confirm a document exists and want you to have it, the issue can often be resolved quickly.
• If you must escalate, use certified mail so you can prove receipt. Keep all originals and copies of correspondence.
• If you are a trust beneficiary, ask for a written accounting and the complete trust instrument. Cite beneficiary rights and request a deadline for response.
• Contact probate court clerks for procedural guidance after a death; clerks can explain filing requirements for wills and opening an estate (but they cannot give legal advice).
• Use the South Carolina Bar lawyer referral (https://www.scbar.org/public/get-legal-help/) to find an experienced probate/estate attorney. A short consultation often clarifies your rights and next steps.
• Act quickly after a death. Statutes of limitation and deadlines for probate procedures can affect remedies.