Detailed answer — your rights and practical steps under Florida law

If your parents are alive or if the documents are private (for example, a revocable trust or powers of attorney), family members generally do not have an automatic right to a copy just because they are related. Your options and rights turn on three main facts: (1) whether the parents are alive, (2) what type of document you want (will, trust, durable power of attorney, health care directive), and (3) whether you are a named beneficiary, named agent, or legal representative.

1) If your parents are alive

Estate plans created while a person is alive (wills, revocable trusts, powers of attorney, advanced directives) are usually private. Parents may share or withhold copies as they choose. A sibling who holds a copy of a private document generally cannot be compelled to release it unless:

• you are a named agent or successor trustee (then you may have rights to the document when your position becomes effective), or
• you can show the document’s withholding is causing harm or there is suspected abuse, exploitation, or fraud that justifies court intervention (for example, a guardianship or emergency court action under Chapter 744 if a parent lacks capacity).

For trusts, Florida’s Trust Code (Chapter 736) defines the information a trustee must provide to beneficiaries and the timing. If the trust is revocable and your parent is the settlor, the settlor controls distribution of trust information while alive. If you are a qualified beneficiary of a trust, you generally have rights to information about the trust and, in many situations, a trustee must provide trust records and copies when requested. See Florida Trust Code: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html

2) If a parent has died

After death, a last will that is filed for probate becomes a public record. If a will is admitted to probate in the county where the decedent lived, you can obtain a copy from the clerk of the circuit court. Florida’s probate statutes govern when and how to file wills and administer estates. See the Florida statutes covering wills and probate: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

If the decedent left a living trust, the trust may avoid probate, and the trust instrument can stay private unless you are an eligible beneficiary. A beneficiary may request a copy of the trust and accounting; if the trustee refuses, a beneficiary can petition the court under Chapter 736 to compel production, seek an accounting, or pursue remedies for breach of trust. (Chap. 736, Florida Trust Code.)

3) Practical steps to get the documents

1. Ask directly, politely, and in writing. Explain why you want a copy and what you will do with it. Keep a dated copy of your request.
2. Verify whether the document exists. Ask your parents’ attorney (if known), check for safe-deposit boxes, or check the county clerk’s records for a recent probate filing.
3. If you are a named beneficiary, agent, or successor trustee, tell the holder of the document that you believe you have a legal right to see it. Cite your status (for example, “named beneficiary”) and request production within a reasonable time (for example, 14 days).
4. If the document is a trust and you are a beneficiary, request trust records and a copy of the trust in writing. The Florida Trust Code gives beneficiaries rights to trust information and provides court remedies if a trustee refuses to comply. See: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
5. If your sibling refuses despite a written demand, consider a short demand letter from an attorney asking for production and explaining potential court remedies (compel production, sanctions, or claims for breach of fiduciary duty, if applicable).
6. If that fails, you can file a petition in the appropriate Florida circuit court to compel production, to open a probate (if the decedent has died and you suspect a will exists), or to enforce trust/POA duties. Courts can order disclosure, award costs, and impose sanctions for improper withholding.

4) When to consider other court actions

• If the parent may lack capacity or is being exploited: file for guardianship (Chapter 744) or seek emergency relief.
• If your sibling is the fiduciary (trustee, agent under a power of attorney, or personal representative) and is withholding records or acting improperly: consider a breach of fiduciary duty claim or a petition to remove the fiduciary.
• If a will is suspected but not produced after death: check with the county clerk for probate filings and consider a petition to require disclosure or an action challenging concealment of a will.

5) Evidence and costs

Bring all documentation to court or to an attorney: your written requests, any replies, copies of related documents (POA, guardianship filings), and evidence of your status (e.g., named beneficiary). Court petitions have filing fees, and hiring an attorney will add legal fees. If the court orders production, it can sometimes award costs and attorney’s fees to the prevailing party.

6) Timeline

Voluntary production can happen in days or weeks. Court petitions can take months depending on the complexity and the court’s calendar. Emergency petitions (for example, to stop suspected financial exploitation) can be faster.

Bottom line: If parents are alive and the documents are private, you typically cannot force disclosure unless you are an agent, trustee, or can show serious harm or incapacity. If a parent has died and a will is filed for probate, you can get a copy from the clerk. If you are a beneficiary of a trust or the fiduciary is withholding documents, Florida law provides court remedies — start with a written demand and consult a Florida probate/trust attorney if the sibling refuses.

Disclaimer: This is general information only and not legal advice. For advice about your situation, consult a licensed Florida attorney familiar with probate, trusts, and guardianship law.

Helpful hints — practical tips to improve your chances

• Send a clear written request and keep a dated copy. A short, polite letter looks better in court than only verbal demands.
• Ask for specific documents: last will and testament, any revocable or irrevocable trust instrument and amendments, financial powers of attorney, advance health care directives, and trustee accountings.
• Call the parents’ attorney(s). If you don’t know the attorney, ask banks, long-term care facilities, or family friends whether they know which lawyer helped prepare the documents.
• Check county probate records after a parent’s death—wills filed for probate are public records at the clerk’s office.
• If you suspect fraud, theft, or incapacity, act quickly. Emergency court petitions (e.g., to stop transfers or to appoint a temporary guardian) may be appropriate.
• Keep emotion out of communications. Document facts: dates, what was asked, and what was refused.
• Consider mediation before litigation. A neutral mediator can resolve disputes faster and less expensively than court.
• If you hire a lawyer, bring all your written requests and any documented responses. Ask the attorney to explain likely costs and outcomes before filing court petitions.