Detailed answer: What you can (and can’t) force under Alabama law

Whether you can force a sibling to give you a copy of your parents’ estate plan in Alabama depends on three main facts:

1. Are your parents alive or deceased?
2. Is the document a will, a trust, or other estate-planning paperwork?
3. Are you a named beneficiary, heir, personal representative, or otherwise legally entitled to notice or documents?

1) If your parents are deceased

– Wills: In Alabama, a will that is to be effective for probate must be presented to the probate court in the decedent’s county of residence to begin probate. Once a will is filed with (or admitted by) probate, the probate office keeps a public record and you can obtain a certified copy from that court. If your sibling has the will but refuses to file it, you can file a petition in the probate court asking the court to compel production or to allow you to present the will for probate. The local probate court is the place to start. See the Alabama Unified Judicial System for contact information: https://judicial.alabama.gov/

– Trusts: Revocable living trusts and many other trusts often remain private. If the trust is not being administered in probate, the trustee controls distribution of trust assets and may not be required to give copies to everyone. However, if you are a current beneficiary of the trust, the trustee usually has to provide certain notices and accountings to beneficiaries. If your sibling is the trustee and refuses to provide required information to you as a beneficiary, you can petition the appropriate court to compel disclosure or to remove a trustee for breach of fiduciary duty.

2) If your parents are alive

– Estate plans created while a person is alive (wills, trusts, powers of attorney, health directives) are private documents. A sibling who holds a copy generally has no legal duty to give the copy to you unless you are an agent, a named beneficiary, or otherwise have a legal right under the document.

– If you believe your parents are incapacitated, under undue influence, or that assets are being diverted, you can raise those concerns with the parents directly, with the parents’ attorney (if known), with adult protective services, or by filing a complaint or petition in court (for example, a guardianship/conservatorship petition or an action alleging undue influence). If you can show that your parents lack capacity or that there is a risk of financial exploitation, a court can intervene and require disclosure.

3) Practical and legal steps to consider in Alabama

1. Ask the parents first, in writing. If they are able, ask them to provide a copy or authorize the sibling to share it. A written request is cheaper and faster than litigation.
2. Request the document from the sibling in writing. Send a dated, signed certified letter describing which documents you want (e.g., last will and testament, revocable trust agreement, durable power of attorney). Keep a copy and proof of delivery. This creates a record if you later need court action.
3. Check public probate records. If a parent has died, search the probate records in the county where the parent lived. Probated wills are public and the probate office can provide copies. Use the Alabama Unified Judicial System to find the relevant probate court: https://judicial.alabama.gov/
4. If you are a named beneficiary or heir, demand documents and accounting. Beneficiaries usually have the right to basic information (who is the personal representative or trustee, inventories, accountings). If a trustee or personal representative refuses, you can petition the probate court to compel disclosure or to require accountings.
5. File a petition in probate or circuit court. If the sibling refuses to cooperate and the parents are deceased (or a trust is being improperly handled), you can ask the court to compel production, to admit a will to probate, or to order turnover of documents. If the parents are alive and incapacitated, a petition for guardianship/conservatorship can force disclosure of finances and documents.
6. Consider alternative dispute resolution first. Mediation or a neutral attorney can sometimes obtain copies without court expense and delay.

Types of court relief you may seek

• Petition to admit a will to probate (if decedent has died and the will has not been filed).
• Petition to compel production of a document in probate or trust administration.
• Petition for accounting or removal of a trustee or personal representative for breach of fiduciary duty.
• Guardianship/conservatorship action if a parent is incapacitated and their affairs are being mismanaged.
• Civil claims (conversion, constructive trust, or breach of fiduciary duty) if a sibling wrongfully withholds assets or documents and that withholding causes harm.

Courts apply specific procedural rules and statutes to these actions. For information and contact points for Alabama courts, see the Alabama Unified Judicial System: https://judicial.alabama.gov/. For the Alabama Legislature and searchable code, see https://www.legislature.state.al.us/.

Helpful Hints

• Keep written records: dates, copies of letters, texts, phone logs, and receipts for certified mail.
• Start local: contact the probate court in the parent’s county of residence before filing expensive motions.
• If you are a beneficiary, ask specifically for accountings and notices; beneficiaries often have statutory rights to these during administration.
• When dealing with living parents, respect their wishes but encourage them to provide copies and to name a neutral attorney or multiple trusted people to avoid disputes.
• If you suspect financial abuse, contact Alabama Adult Protective Services or local law enforcement. Alabama resources: https://dhr.alabama.gov/ and the Alabama Department of Senior Services: https://aging.alabama.gov/.
• Consider a short consultation with an Alabama probate or trust attorney. Many offer limited-scope help and can tell you whether a court petition is likely to succeed and what filings will cost.
• Explore mediation if family relationships are strained; a mediated agreement can produce the documents you need without a public fight.