Detailed Answer

Short answer: Your options in California depend on whether your parents are alive or deceased and whether the part of the estate plan you want is a trust, a will, a power of attorney, or a health care directive. If the document is a trust, California law gives beneficiaries a statutory right to receive a copy of the trust. If your parents are alive and competent, they control access to their documents. If your parents are incapacitated and your sibling is acting as agent or trustee, you may have remedies through the probate court, a petition for accounting, or by reporting suspected elder financial abuse.

When your parents are alive

If your parents are alive and competent:

• They own the documents. A sibling cannot “force” disclosure unless your parents authorize it. Ask your parents directly or ask them to sign a release giving you a copy.
• If your parents are incapacitated and your sibling has legal control (as trustee, agent under a power of attorney, or conservator), that person has fiduciary duties. You can request an accounting or copies of documents from the fiduciary and, if necessary, ask the probate court to compel disclosure or remove the fiduciary for breach of duty.

When a trust is involved (common in estate plans)

California law requires trustees to provide copies of the trust instrument to beneficiaries who request it. If your parents created a trust and your sibling is the trustee, you are generally entitled to a copy as a beneficiary. You can demand a copy directly from the trustee; if the trustee refuses, you can file a petition in probate court to compel production and seek other relief for breach of fiduciary duty.

See California Probate Code § 16061.7 for the statutory requirement that trustees provide trust terms to beneficiaries: Cal. Prob. Code § 16061.7.

When a will is involved and a parent has died

When a parent dies and files a will for probate, the will becomes a public court filing. Interested persons (heirs, beneficiaries, named executors) can obtain a copy from the executor or the probate court once probate is opened. If your sibling is the executor and refuses to give you a copy, you can check the county probate court records for a filed will or petition the court for access or a copy.

For general probate information and how to find local court forms, see the California Courts self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm.

Practical steps to take right now

1. Confirm whether your parents are alive and whether the document is a trust, will, or other document.
2. Ask your parents directly (if competent) to provide a copy or sign a release authorizing the sibling to share a copy with you.
3. Send a clear, dated written request to your sibling (certified mail recommended). Keep copies of your communications.
4. If a trust is involved and you are a beneficiary, cite Probate Code § 16061.7 and request a copy in writing.
5. If the parent is deceased, check probate court records in the county where the parent lived. If a will has been filed, obtain a copy from the court or the executor.
6. If your sibling refuses and you have a legal right to the document (e.g., beneficiary of a trust), consult a California probate attorney about filing a petition in probate court to compel disclosure, request an accounting, and seek sanctions or surcharge for breach of fiduciary duty.
7. If you suspect financial abuse or that the sibling is misusing the parent’s assets, contact Adult Protective Services and consider emergency court action (conservatorship or temporary restraining orders) — an attorney can advise whether that step is appropriate.

Sample written request language (keep it factual and brief)

“I am writing to request a copy of [Mom and Dad’s] estate planning documents (trust agreement, will, powers of attorney, and advance health care directives). Please provide a copy or allow me to review the documents by [date]. If you are not the correct person to provide these documents, please identify who is. This is a formal request; I will pursue legal remedies if needed.”

When to hire an attorney

Consider hiring a probate attorney if:

• You’re a trust beneficiary and the trustee refuses to produce the trust.
• A parent is deceased and you cannot obtain a will or other documents from the executor.
• You suspect elder financial abuse, mismanagement, or fraud.
• Family communications have broken down and court action appears likely.

Helpful links and resources

• California Probate Code — main page: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB
• Specific statutory requirement on trustee disclosure: Cal. Prob. Code § 16061.7
• California Courts — probate self-help: https://www.courts.ca.gov/selfhelp-probate.htm

Helpful Hints

• Remain calm and document everything: keep copies of emails, letters, and certified-mail receipts.
• Ask your parents to store original estate-plan documents in a single, known location and tell key family members where they are.
• If you are a named beneficiary, mention that status when you request documents — courts take beneficiary requests seriously.
• Use certified mail for formal requests to create a record of the request and any refusal.
• Consider mediation or a family meeting before filing court papers if you want to preserve family relationships.
• Act quickly if you suspect misuse of funds — some remedies are time-sensitive and court action may be needed to freeze assets.

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed California attorney.