How do I force my sibling to give me a copy of our parents’ estate plan in TX after he ignored my formal request?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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

FAQ — plain English explanation of your options under Texas law (not legal advice)

Short answer

If your parents are alive, you generally cannot force your sibling to hand over private estate-planning documents unless your parents authorize disclosure. If a parent has died and your sibling is withholding a will, trust, or other estate documents, you have legal routes in Texas to locate the documents and, if necessary, to compel production through the probate court or litigation.

Detailed answer — step-by-step under Texas law

1) First determine whether the parents are alive or deceased

Which rules apply depends on that fact:

  • If parents are living: estate plans (wills, trusts, powers of attorney, advance directives) are private property of the parents and remain under their control.
  • If a parent has died: the will or other estate documents may need to be presented to the probate court. Probate filings are public and provide paths to force disclosure.

2) If parents are alive — what you can do

Texas law does not give adult children a blanket right to copies of a parent’s private estate documents. Practical and legal steps:

  1. Ask the parent directly. If the parent is capable, ask them to give you a copy or to sign a written authorization allowing their attorney or your sibling to provide one.
  2. If the parent named you as an agent (power of attorney) or as an alternate in a medical directive or trust, you may already have authority to request documents from the attorney or trustee. Ask for written confirmation of your authority.
  3. Send a polite written request to the sibling and copy the parent. Explain why you want a copy and attach any authorization the parent has given you. Keep copies of all correspondence.
  4. If you suspect undue influence, financial exploitation, or that the parent lacks capacity, you can report concerns to Adult Protective Services: https://www.dfps.texas.gov/. If there is imminent financial abuse, contact an attorney promptly.
  5. If the parent refuses or is incapacitated and you believe the sibling is hiding documents to control the parent’s affairs, you may need to consult an attorney about guardianship or a petition to protect the parent’s assets. A court can appoint a guardian or conservator if the parent lacks capacity (this is a serious step and requires proof to a court).

3) If a parent has died — practical legal paths in Texas

When someone dies, a will should be delivered to the county probate court or to an executor. If your sibling is withholding a will or trust documents, use these steps:

  1. Check public records. Probated wills and related probate filings are public records at the county clerk’s office where the deceased lived. Many Texas county clerks provide online indexes. If a will has been filed, you can obtain a copy from the clerk.
  2. Ask your sibling in writing for the documents. If you are an heir or known beneficiary, mention that probate may be necessary and request disclosure.
  3. Hire an attorney to send a demand letter. A lawyer’s letter often results in production without court involvement.
  4. If the sibling still refuses, file a petition in probate court. Texas law provides procedures for admitting wills to probate and for compelling production of decedent’s papers. The probate court can:
    • Order the sibling to deliver the original will or other documents.
    • Admit a copy of the will to probate under certain conditions if the original cannot be located.

    For Texas statutes and probate procedures see the Texas Estates Code and related court rules: https://statutes.capitol.texas.gov/ (search the Estates Code and probate-related provisions).

  5. During litigation you can obtain documents through formal discovery (subpoenas, requests for production). If the sibling disobeys a court order to produce documents, the court can impose sanctions, including contempt.

4) Trust documents and revocable trusts

Trusts are often private. Whether beneficiaries are entitled to the trust instrument or accountings depends on the trust terms and Texas trust law. If you are a beneficiary, you may have rights to information and accountings; if not, you generally lack a right to force disclosure except by court order. Consult an attorney about filing a petition to compel disclosure or for an accounting.

5) When to involve an attorney immediately

Talk to an attorney promptly if any of these apply:

  • You suspect the sibling is destroying, hiding, or altering estate documents.
  • You suspect elder abuse, undue influence, or financial exploitation.
  • A parent is incapacitated and assets are at risk.
  • A recently deceased parent’s will or trust cannot be located and you are a likely beneficiary.

6) Costs and likely timeline

Informal requests and an attorney’s demand letter may take days to weeks. Filing petitions and litigating in probate court can take months and cost more. Courts can act faster in emergencies (e.g., to freeze assets) if urgency is shown.

Helpful hints

  • Start by communicating calmly and in writing. A written request creates a record.
  • Ask the parent (if alive) to sign and give you copies or to give written permission to their attorney to share documents.
  • Check the county clerk’s probate records online or in person where the parent lived — many probates are public.
  • Keep a file of all letters, emails, phone notes, and dates. If you later go to court, documentation helps.
  • If you are a named beneficiary, clearly state that in any demand. Beneficiaries normally have stronger legal footing to request trust accountings or will copies after death.
  • If you suspect elder abuse or undue influence, contact Texas Adult Protective Services: https://www.dfps.texas.gov/.
  • Talk with a probate or elder-law attorney early. Many lawyers offer a short initial consult to outline likely steps and costs. The State Bar of Texas consumer resources can help you find lawyers: https://www.texasbar.com/.
  • If litigation becomes necessary, demanding production through your attorney and using judicial discovery (subpoena or motion to compel) is the proper path in Texas courts.

Important disclaimer

This article explains general legal principles under Texas law and provides practical steps you can consider. It is not legal advice and does not create an attorney-client relationship. Laws change and application to specific facts varies. For advice about your particular situation, contact a licensed Texas attorney.

Relevant Texas legal resources: Texas Statutes (searchable) — https://statutes.capitol.texas.gov/; Texas Adult Protective Services — https://www.dfps.texas.gov/; State Bar of Texas consumer resources — https://www.texasbar.com/.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.