Detailed Answer — How to get a copy of your parents’ estate plan in Indiana
Disclaimer: I am not a lawyer and this is not legal advice. The information below explains general Indiana law and common practical steps. Consult a licensed Indiana attorney for guidance about your specific situation.
Short answer: Your options depend on whether your parents are alive or deceased. If your parents are alive, there is no automatic legal right to force a sibling to give you a private estate planning document unless the parent authorizes disclosure. If a parent has died, many will-related documents must be filed with the county probate court and become public; you can obtain copies from the court or ask the court to require production if a sibling refuses to file or produce a will. Trust documents, if used, may remain private but beneficiaries have certain statutory rights to information under Indiana law.
When the parents are alive (most common):
Estate plans (wills, trusts, powers of attorney, living wills) are usually private while the principal is living. A sibling who physically holds a copy cannot be forced by statute to hand it over just because you requested it. Steps you can try:
- Ask the parents directly and explain why you want a copy (concern about health, to confirm beneficiary designations, etc.).
- Ask the parent to provide you a copy or to sign a release authorizing the sibling to share it.
- If you suspect wrongdoing (for example undue influence or that the sibling is hiding documents to frustrate the parents’ wishes), consult an attorney. An attorney can advise whether there are grounds to seek court intervention such as a guardianship or other protective proceeding if a parent lacks capacity.
- If a sibling is acting as agent under a power of attorney or as a guardian and is refusing to share relevant information, an attorney can explain whether the POA or guardianship duties require disclosure in your situation and may seek court orders to compel records or remove an agent who abuses their authority.
When a parent has died:
Wills: In Indiana, a will generally must be filed in the probate court of the county where the decedent resided when someone starts probate. Once a will is filed in probate, it becomes part of the public court file and interested persons can obtain copies from the probate court. If your sibling has an original will and refuses to file it or refuses to provide a copy, you can:
- Check the probate court in the decedent’s county to see whether a probate case has been opened. Many courts have online dockets or a clerk’s office you can contact.
- If no probate has been opened and you believe the sibling is withholding the decedent’s will, consult a probate attorney about filing a petition to open probate or asking the court to require production of the will. The court can order production as part of opening an estate or during related proceedings.
- If a will was filed but you did not receive notice and believe you are an interested person, an attorney can help you request records and, if needed, challenge failures to give required notice.
Trusts: Revocable living trusts are often private and do not automatically become public when the settlor dies. However, Indiana law gives beneficiaries certain rights to trust information and accountings. If you are a beneficiary (or named successor), you typically can request trust documents and accounting information; if the trustee refuses, you can ask the court to compel disclosure or to remove a trustee who breaches duties. See Indiana law on trusts for more detail.
Relevant Indiana statutory resources
- Indiana statutes on probate matters: Title 29, Probate, Trusts, and Fiduciaries — overview and individual sections are on the Indiana General Assembly site: https://iga.in.gov/legislative/laws/2024/ic/titles/29
- Indiana statutes on trusts and related property rules: Title 30, Property (includes trust-related provisions): https://iga.in.gov/legislative/laws/2024/ic/titles/30
Typical court remedies and processes
- Opening probate: Anyone interested in the estate (creditor or potential heir) can petition the local probate court to open an estate when a person dies.
- Petition to compel production: If a will or trust document is being withheld in a situation where law gives you a right to it (for example, as an interested person or beneficiary), the court can order production or include the document in the case record.
- Removal or surcharge: If an executor, administrator, agent, or trustee hides documents or mismanages property, the court can consider removal, surcharge (financial penalties), or other remedies to protect estate or beneficiary interests.
Practical steps to take now
- Determine whether the parent is alive. If alive, ask the parent directly for a copy or permission to receive one.
- Send a clear, written request to the sibling (keep a copy). Use certified mail or another trackable method so you have proof of the request and the date.
- Contact the probate court in the county where the parent resided (if deceased) to search for an estate case or filed will.
- Gather any evidence that shows you are an interested person or potential beneficiary (communications, prior estate documents, medical records showing incapacity, etc.).
- Consult a local Indiana probate attorney if the sibling continues to refuse. An attorney can assess whether to file a petition to open probate, seek an order to produce the will or trust records, or pursue other remedies.
When to consult an attorney
Talk to an Indiana probate or elder law attorney if:
- you believe a parent lacks capacity and a sibling is hiding documents or controlling access;
- a parent has died and the will or trust is not being produced or filed;
- you are named (or expect to be named) as a beneficiary but cannot confirm the estate plan;
- you suspect fraud, coercion, destruction, or tampering with estate documents.
Final note
Procedures differ depending on facts (alive vs deceased, will vs trust, whether you are a beneficiary). The broad rule: private estate documents are generally not obtainable by force while the owner is alive; probate filings make wills public after death and give the court tools to compel production. For trust situations or agents/guardians, Indiana statutes provide rights and duties that an attorney can explain and enforce. Use the statute links above to read the relevant code and contact a licensed Indiana attorney to pursue court action where appropriate.
Helpful Hints
- Keep all requests in writing and preserve copies of communications.
- Check the county probate court online or by phone before escalating — a filed will might already be accessible.
- If parents are alive and competent, ask them to store copies with their attorney, the bank safe-deposit box, or to register the will with a lawyer; this reduces the risk of a sibling withholding it later.
- Use neutral language in communications and avoid accusations — courts prefer evidence-based claims such as non-production after a written request.
- If you suspect a sibling destroyed or altered documents, tell your attorney immediately; destruction of a will can have serious legal consequences.
- Expect cost and time: litigation or petitions to probate courts take time and may require filing fees and attorney fees.