How can I force my sibling to give me a copy of our parents’ estate plan in HI (Hawaii) after he ignored my formal request? | Hawaii Probate | FastCounsel
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How can I force my sibling to give me a copy of our parents’ estate plan in HI (Hawaii) after he ignored my formal request?

FAQ: Forcing a sibling to give you a copy of your parents’ estate plan in Hawaii

Quick answer

If your parents are alive, you generally cannot force your sibling to hand over a private estate planning document unless your parents authorize disclosure or a court orders it. If a parent has died, or a sibling is acting as a personal representative/trustee/agent and refuses to share documents with an interested person (heir, beneficiary, or named party), you can usually ask the probate or trust court in Hawaii to compel production or to order disclosures and an accounting. The exact procedures and your chances depend on whether the parents are alive, whether documents are wills/trusts/powers of attorney, and whether you are an heir or beneficiary.

Detailed answer — what to know and what to do under Hawaii law

1) Identify the document type and the parents’ status

Start by clarifying what you want and whether your parents are alive:

  • Wills: while a person is alive, a will is private. After death, the will normally must be submitted to probate for validation and becomes part of the public court record once admitted to probate.
  • Revocable trusts: trusts are usually private while the settlor (the parent) is alive and often private after death unless beneficiaries or the court require disclosure under the trust law.
  • Powers of attorney and advance directives: these are private, but an agent or health care surrogate may need to use them when a parent is incapacitated; courts can review them in guardianship or conservatorship actions.

2) If your parents are alive

There is no general statutory right for one child to force another to disclose a private estate plan that their parent created. Practical options:

  • Ask the parents directly. Explain why you want a copy and who will see it. Encourage them to share or to provide a short written statement about beneficiaries if they are comfortable.
  • Ask the parents’ attorney. If the parents used an attorney to prepare the plan, the attorney cannot disclose confidential client files without the client’s consent, but they can speak to the parents about your request. Provide parents’ contact details and ask the attorney to discuss disclosure with them.
  • If a parent appears incapacitated and your sibling (or anyone) refuses to share critical documents, consider whether a guardianship/conservatorship proceeding is appropriate. In Hawaii, you can petition family court for guardianship if an adult cannot manage their affairs. A court-appointed guardian or conservator must provide necessary information to interested persons and act in the ward’s best interest.

Resources: you can review Hawaii’s statutes and self-help pages for guardianship and probate at the Hawaii Legislature and Hawaii Judiciary websites: https://www.capitol.hawaii.gov/hrscurrent/ and https://www.courts.state.hi.us/.

3) If a parent has died

When a parent dies, the will (if any) should be submitted to probate. Common steps and rights:

  • If you are a named beneficiary or an heir, you have standing to ask the probate court for records, to receive notice of probate filings, and to challenge an executor or request an accounting.
  • If the sibling is the alleged executor but refuses to produce the will or other documents, you can petition the probate court to open an estate, to admit the will, or to compel the executor to produce documents and provide an accounting. If the executor refuses to cooperate, the court can remove or sanction the executor and order disclosure.
  • For trusts: beneficiaries typically have statutory rights to request trust terms, accountings, and other information under trust law. If a trustee (for example, your sibling) refuses, you can petition the trust court to compel disclosure and an accounting and to enforce beneficiaries’ rights.

See Hawaii resources on probate and trust proceedings and forms at the Hawaii Judiciary and the Hawaii Revised Statutes searchable site: https://www.courts.state.hi.us/ and https://www.capitol.hawaii.gov/hrscurrent/.

4) Court tools you can use in Hawaii

  • Probate petition: file a petition to open probate and ask the court to require production of the will and related documents.
  • Petition for accounting or turnover: request the court order the executor, trustee, or agent to produce documents, provide an inventory, or deliver estate/trust distributions.
  • Discovery and subpoenas in pending proceedings: once a case is open in court, you can often use discovery tools (document requests, subpoenas) to force production.
  • Guardianship/conservatorship petition: if a parent is incapacitated and a sibling is controlling documents to the detriment of the parent, a guardianship petition can bring documents into court oversight.

5) Practical steps you can take right now

  1. Document your attempt: keep copies of written requests and note any verbal refusals. A paper trail helps if you go to court.
  2. Ask parents’ attorney or the sibling for a copy and explain your status (beneficiary, potential heir, concerned family member).
  3. Gather proof of your interest: birth certificates, marriage certificates, or other documents that show you are an heir or named beneficiary.
  4. If a parent recently died, check with the county probate court where the parent lived to see whether a probate case has been opened. In many states, probate dockets are public after filing.
  5. Consult a local probate/estate attorney in Hawaii to review your options and, if necessary, prepare and file the proper petitions in the appropriate Hawaii court.

6) Costs, timing, and likely outcomes

Filing a probate or trust action incurs court fees, possible attorney fees, and time. If you are a beneficiary, courts commonly order disclosure and accountings. If you are just a sibling with no legal interest, it will be harder to compel disclosure unless the court finds a need (for example, to protect an incapacitated parent).

Helpful Hints

  • Start by asking the parents directly — the simplest route often resolves disputes quickly.
  • Contact the attorney who prepared the estate plan. They can often mediate or at least advise the parents.
  • Keep written records of all requests and responses; courts favor documented attempts at communication.
  • If a parent is incapacitated, seek information about who holds power of attorney or is named guardian/trustee.
  • If a parent died, check the local probate court docket online or call the clerk’s office to see if an estate case has been opened.
  • Before filing suit, ask a Hawaii probate attorney for a short consultation — they can tell you whether you have standing and estimate likely costs and timeframes.
  • Consider mediation or family settlement discussions before litigating; courts often favor resolution without costly litigation.

Next steps: If the sibling continues to refuse and you believe you have a legal interest (you are a beneficiary, heir, or the parent is incapacitated), contact a probate or trust attorney in Hawaii. Bring documentation of your relationship and copies of any written requests.

Disclaimer: This article provides general information about Hawaii law and common procedures. It does not create an attorney-client relationship and is not legal advice. For advice tailored to your situation, consult a licensed attorney in Hawaii.

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.