How can I force my sibling to give me a copy of our parents’ estate plan in LA after he ignored my formal request?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do if a sibling refuses to give you a copy of your parents’ estate plan in Louisiana

Short answer: Your options depend on whether your parents are alive, incapacitated, or deceased, and whether the document is a will, a trust, or a power of attorney. If the parents are alive and competent, their estate plans are private. If a parent is incapacitated or deceased, Louisiana law and court procedures give relatives and beneficiaries tools to obtain or compel production of certain documents. If informal requests fail, your next step is usually a written demand and then a court petition to compel production or to open a succession.

Detailed Answer — step‑by‑step under Louisiana law

Step 1 — Clarify the status of your parents and the type of document

Different rules apply depending on whether the parents are alive and competent, alive but incapacitated, or deceased, and whether the estate plan is a will, a trust, or a power of attorney (POA):

  • If a parent is alive and competent: Estate planning documents (wills, trusts, POAs) are the parent’s private papers. A sibling has no automatic legal duty to give you copies. You should ask the parent directly for copies or for written authorization to share them.
  • If a parent is alive but incapacitated: If a guardian or an agent under a POA controls affairs, that guardian/agent may need to share certain information with interested family members depending on their authority and the court’s orders. You may petition the court for a conservatorship/guardianship or ask the court to require disclosure if the guardian or agent is withholding necessary information.
  • If a parent is deceased: A will is typically submitted to the appropriate succession court (the parish district court) for probate. After a will is lodged or probated, interested persons can obtain copies through the court. Trusts are usually private, but beneficiaries generally have rights to information from trustees under trust law.

Step 2 — Wills (parents deceased)

When a testator dies, Louisiana succession procedures require that wills be presented to the court. If your sibling claims to have the will but won’t share it, you can:

  1. Check with the parish clerk of court where your parent lived to see if a will has already been filed or lodged with the court for probate.
  2. If no will is filed but you believe one exists and your sibling is withholding it, file a petition in the district court to produce the will. The court can order production and can take measures to protect the document and to open a succession.

Because succession practice is governed by Louisiana Civil Code and Code of Civil Procedure rules, the court has powers to compel production, receive evidence, and open a succession even if a relative hides a will.

Step 3 — Trusts (revocable or irrevocable)

Trusts are usually not filed in court and remain private, but if you are a beneficiary of a trust or have a reasonable claim to be one, Louisiana trust law gives trustees duties such as providing information and accountings to beneficiaries. If a trustee (or co‑trustee) refuses to provide trust documents or accountings, a beneficiary can bring a petition in district court to compel disclosure, to remove a trustee, or to obtain an accounting.

Step 4 — Powers of attorney and medical directives

If a sibling is the agent under a financial POA or healthcare proxy and is withholding information about parents’ finances or care, you may be able to petition the court to require the agent to disclose records or to remove the agent for breach of duty. If the POA is limited, the agent may not have power to refuse family members information about decisions that affect the parent’s assets or care.

Step 5 — Practical and legal steps to take now

  1. Document your request: Send a clear written demand by certified mail to your sibling describing the documents you seek and why (e.g., “Please provide copies of any wills, trust instruments, powers of attorney, or healthcare directives for Mom and Dad.”). Keep a copy and the delivery receipt.
  2. Check court records: Contact the parish clerk of court where your parent(s) lived to search for filed wills or opened successions.
  3. If you are a beneficiary or have standing: If you stand to inherit or are named in a trust, prepare to file a petition to compel production, demand an accounting, or open a succession. An attorney can prepare pleadings and request emergency relief if someone is wrongfully dissipating assets.
  4. Consider mediation or a demand letter from a lawyer: A lawyer’s letter sometimes prompts voluntary production and avoids litigation.
  5. If the sibling refuses after court demand: You can ask the court to hold the sibling in contempt, to order sanctions, to compel production, and to open or administer the succession or trust remedies.

Procedure resources and where to start in Louisiana

To locate statutes and detailed court procedure in Louisiana, use the Louisiana Legislature’s website and search terms like “successions,” “trusts,” and “powers of attorney.” The legislature’s site: https://legis.la.gov/. For practical filings, contact the clerk of the district court in the parish where your parent last lived.

When to consult an attorney

If a relative is withholding documents after a written request and you believe you have legal standing (for example, you are named as a beneficiary or heir, or your parent is incapacitated and you are concerned about asset management), consult a Louisiana attorney experienced in successions and trusts. An attorney can evaluate standing, prepare court petitions, and move quickly to protect assets or compel disclosure.

Common questions people ask

Can I force a sibling to show me a living parent’s will or trust?

Not if the parent is alive and competent. Those documents are the parent’s private legal papers. If the parent is incapacitated and you suspect wrongdoing, you may be able to ask the court for intervention.

Can I see a trust document if I’m a beneficiary?

Yes — beneficiaries typically have a right to information and accountings from trustees. If a trustee refuses, you can petition the district court to compel disclosure and for appropriate relief.

What if my sibling says they lost the will or trust?

If the parent is deceased and a will or trust can’t be located, the court can receive evidence and proceed under the rules for lost or destroyed wills or for intestate succession if no valid will is proven.

Helpful Hints

  • Always make requests in writing and keep copies and delivery proof.
  • Contact the parish district court clerk where your parent lived to check for filed wills or opened successions before filing your own petition.
  • If you are a beneficiary, ask for a formal accounting from the trustee or agent; keep records of all communications.
  • Consider a lawyer’s demand letter before filing a court case — it can be quicker and cheaper than litigation.
  • Act quickly if you see signs of asset dissipation, because courts can grant emergency relief to freeze assets or remove a fiduciary.
  • Keep family communications calm and document everything to avoid escalation that could harm both relationships and your legal position.

Disclaimer: This article explains general Louisiana law concepts and is for educational purposes only. It is not legal advice. Laws change, and only a licensed Louisiana attorney can advise you about your particular situation.

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. See full disclaimer.