Detailed Answer — How to get a copy of your parents’ estate plan in Illinois
Short answer: whether you can “force” your sibling to turn over your parents’ estate planning documents depends on whether the documents belong to the parents (and whether they are alive and competent), whether you are a named beneficiary or have a legal interest, and whether a court has already appointed someone (executor, trustee, agent, guardian) who has legal duties regarding those documents.
Below are the common scenarios and practical and legal steps you can take in Illinois.
1) Parents are alive and competent
If your parents are alive and have mental capacity, their estate plan (wills, trusts, powers of attorney, advance directives) is their private property. No Illinois statute gives adult children an automatic right to see a living parent’s private estate documents. You cannot legally force your sibling to hand over those documents unless the parents give permission or the documents are actually the parents’ and they instruct that they be shared.
Steps to take:
- Ask your parents directly and explain why you want the documents. If they agree, ask they provide a copy or authorize the sibling to provide one.
- Send a written request to the sibling and copy the parents (use certified mail so you have proof).
- If parents are competent but refuse to share, consider asking them to sign a brief written authorization naming you to receive copies or to name a neutral place (their attorney, bank safe-deposit box) where documents will be stored.
2) Parents are alive but incapacitated (or suspected incapacitation)
If a parent lacks capacity and your sibling is in possession of documents that affect your parent’s finances or care (for example, a power of attorney or a trust naming a trustee), you have stronger options.
Possible remedies:
- Ask the sibling for copies, emphasizing urgency for medical or financial care.
- If the sibling is appointed agent under a power of attorney or trustee and refuses to share relevant documents or is misusing authority, you can petition the Illinois probate or circuit court to review the matter, request production of documents, and, if warranted, remove or replace a fiduciary. See the Illinois Probate Act, which governs probate court procedures: 755 ILCS 5 (Probate Act of 1975): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106.
- If a parent genuinely lacks capacity and there is no effective agent, you can file for guardianship/conservatorship in the circuit court so the court can appoint someone to make decisions and get access to necessary records. Illinois courts explain probate and guardianship procedures: https://www.illinoiscourts.gov/topics/probate/.
3) Parent is deceased
When a person dies, certain rules give beneficiaries and interested parties rights to see estate documents:
- Wills: In Illinois, the person who has possession of a decedent’s will is generally required to file it for probate. Once probate begins, the court and interested parties (named beneficiaries and heirs) receive notice and have access to filings in the probate case. The Probate Act (see 755 ILCS 5) controls estate administration and notice requirements. If your sibling is withholding an original will after a death, you can ask the county probate court to require filing of the will and can seek court sanctions if someone in possession of the original will refuses to file it.
- Trusts: If a trust exists and you are a beneficiary, Illinois law generally gives beneficiaries a right to information about the trust and to request a copy of the trust instrument and accountings from the trustee. The Trusts and Trustees Act (codified in Illinois statutes) governs trustee duties and beneficiary rights. If a trustee (including a sibling acting as trustee) refuses to provide trust documents or accounting, a beneficiary can petition the court to compel production and, if appropriate, seek remedies for breach of fiduciary duty (removal of the trustee, surcharge, etc.). See the Illinois Trusts and Trustees Act: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2027.
4) Practical legal steps if your sibling ignored a formal request
- Document everything. Save copies of written requests, certified-mail receipts, emails, and notes of phone calls.
- Send a second, firm written demand. State who you are, what you seek (copy of will, trust, power of attorney), why you have standing (e.g., named beneficiary or interested heir), and a deadline. Tell the sibling you will seek court relief if they refuse.
- If there is a suspected wrongful withholding of an original will after death, file a petition in the county probate court to require filing of the will and for appropriate relief under the Probate Act (755 ILCS 5). The court can order production and, if the refusal is improper, impose sanctions.
- If the dispute involves a trust and you are a beneficiary, file a petition in the appropriate court to compel the trustee to produce the trust instrument and accounting and to answer for any breach of trust. The Trusts and Trustees Act provides the framework for these remedies (see link above to Illinois statutes).
- If a parent is incapacitated and the sibling controls finances or care and refuses access, consider filing for guardianship/conservatorship or an emergency petition to protect the parent’s assets and wellbeing.
- Consider mediation or settlement discussions before litigation to save time and money. If your sibling will not cooperate, litigation may be necessary.
What courts can do
The circuit (probate) court can order production of documents, appoint a neutral third party, remove or replace fiduciaries (agents, trustees, guardians), and award fees or other relief when someone improperly withholds estate documents or misuses authority.
Relevant Illinois law resources:
- Illinois Probate Act of 1975 (Probate procedures): 755 ILCS 5 — Probate Act
- Illinois Trusts and Trustees Act (trust duties and beneficiary rights): 760 ILCS 5 — Trusts and Trustees Act
- Illinois Courts — probate and guardianship topics: https://www.illinoiscourts.gov/topics/probate/
Timing and costs: Court petitions, guardianship actions, or trust litigation can take months and may require filing fees and attorney fees. If the sibling’s refusal creates a risk of immediate harm (financial loss, neglect of a parent), courts can provide emergency relief faster.
When to call a lawyer
Consider consulting an attorney when:
- You are a named beneficiary and a trustee or executor refuses to provide documents or an accounting.
- You suspect misuse of a parent’s assets, fraud, or concealment of an original will after death.
- A parent is incapacitated and you need a guardianship/conservatorship to protect them.
An attorney can draft demand letters, file the appropriate petition in the Illinois circuit/probate court, and explain likely costs and timelines in your county.
Disclaimer
This article is for general information only. It does not create an attorney–client relationship and is not legal advice. Laws change and every situation differs. Consult a licensed Illinois attorney for advice about your specific facts.
Helpful Hints
- Keep careful records: certified-mail receipts, email copies, and notes of conversations. Courts rely on documentation.
- Try a direct, calm conversation with the parents (if alive) before escalating to court.
- Copy a parent’s attorney or bank on written requests if you know who they are; that often speeds compliance.
- If a parent has a trust, ask the trustee for a current accounting and a copy of the trust instrument in writing—beneficiaries often have a statutory right to this information.
- If the original will is missing after death, immediately notify the probate court and consider filing a petition to locate or admit the will; do not wait months if distribution is at stake.
- Consider mediation early. Family disputes over estate plans often resolve faster and cheaper with a neutral mediator than in court.
- If you suspect fraud, embezzlement, or elder abuse, contact adult protective services and consider simultaneously seeking court intervention.