Detailed answer — What Maine law allows and what it does not

Short answer: If your parents are alive, Maine law generally treats their estate planning documents (wills, trusts, powers of attorney, health care directives) as their private property. You usually cannot force a sibling to hand over those documents unless you have a legal right (for example, you hold a power of attorney, are the appointed agent, or a court finds the parent lacks capacity and appoints a guardian). If a parent has died and a will has been filed for probate, the probate record generally becomes part of the public record and you can obtain a copy from the Register of Probate in the county where the will was filed.

Key resources: Maine’s probate statutes and the Maine Probate Court system explain filing and access procedures — see Maine Probate Statutes: Title 18-A (Probate) – Maine Legislature, and the Maine Judicial Branch probate information: Maine Courts — Probate Locations & Information.

If your parents are alive

• Privacy: An estate plan is the personal property of the testator (the person who made the will) or the settlor of a trust. The parents can choose to keep documents private.
• When disclosure can be compelled: You may have legal avenues to obtain documents only if one of these applies: (a) you hold a valid power of attorney or are the named agent and the document is directly relevant to exercising that authority; (b) you have good reason to believe the parent lacks capacity or is a victim of undue influence or financial exploitation and you petition the court for protective action (conservatorship/guardianship or an injunction); or (c) the parent consents to disclosure.
• Practical steps first: Ask the parent directly (preferably in writing), explain why you need a copy, offer neutral delivery options (lawyer, bank safe-deposit box opening with all heirs present), or ask the sibling to bring the documents to a neutral third party for review.

If a parent has died

• Probate filing: In Maine, a will that is submitted to probate becomes part of the probate file. You can obtain copies from the Register of Probate in the county where the decedent lived when they died. Check the Maine Probate Courts page for contact info and procedures: https://www.courts.maine.gov/locations/probate/.
• If the sibling already controls the estate (as executor or trustee) and refuses to provide a copy: If the sibling is the executor or trustee, they owe fiduciary duties to beneficiaries. Beneficiaries generally have rights to information about the estate or trust administration. If your sibling refuses, you can petition the probate court to compel production, request accountings, and enforce fiduciary duties.
• Where to file and what to ask for: If a will has not been filed but you believe one exists, contact the Register of Probate in the appropriate county and ask whether a will has been submitted. If no probate case has been opened and you suspect concealment or fraud, you can ask the court for instructions on how to proceed.

Legal actions that may be available in Maine

• Petition to compel: In an open probate case, beneficiaries can ask the probate court to compel an executor, trustee, or custodian to produce documents or provide accountings. See Maine Probate procedures: Title 18‑A — Maine Probate Statutes.
• Petition for guardianship or conservatorship: If you suspect a living parent lacks capacity and the sibling is hiding documents or exercising undue influence, you can petition the court for protective proceedings. The court can then order disclosure or appoint someone to protect the parent’s interests.
• Civil claims and fiduciary remedies: If a fiduciary (executor, trustee, agent under POA) refuses to share required information, beneficiaries or interested persons can seek court remedies for breach of fiduciary duty, removal, surcharge (monetary damages), and orders to turn over assets or records.

How to proceed step-by-step

1. Confirm whether the parent is alive. If alive, talk to the parent first and ask for the documents in writing.
2. If a parent is deceased, contact the Register of Probate in the county where the parent lived to see whether a will has been filed. Use the Maine Courts probate page to find the right office: https://www.courts.maine.gov/locations/probate/.
3. Send a concise written demand to your sibling (keep a copy). Note your relationship, why you are requesting the documents, and whether you are a beneficiary or have a legal interest. If the sibling is a fiduciary, cite your right to information as a beneficiary.
4. If the sibling refuses and the parents are alive but incapacitated, consult an attorney about filing for guardianship or protective proceedings.
5. If a parent is deceased and the sibling refuses to provide a probated will or provide required accountings, consult an attorney about filing a motion with the probate court to compel production and enforce fiduciary duties under Maine probate law (Title 18‑A): https://legislature.maine.gov/statutes/18-A/.

When to hire an attorney

Hire a Maine probate or elder law attorney if: (a) your sibling refuses a reasonable written request; (b) you suspect undue influence, fraud, or incapacity; (c) you need the court to compel production of documents; or (d) you are a beneficiary and need help enforcing accountings or fiduciary duties. An attorney can draft demand letters, file petitions, and represent you in probate or guardianship proceedings.

Find local probate court contact details and procedural forms on the Maine Courts site: https://www.courts.maine.gov/locations/probate/, and review the Maine Probate Statutes at: https://legislature.maine.gov/statutes/18-A/.

Disclaimer: I am not a lawyer. This article provides general information about Maine law and does not constitute legal advice. For advice about your particular situation, consult a licensed Maine attorney.

Helpful Hints

• Always start by asking the parent directly in writing if they are able. A parent’s consent avoids conflict and legal action.
• Keep records: save written requests, emails, and notes of phone calls. These can be evidence if you must go to court.
• If you are the named agent under a power of attorney or are an appointed fiduciary, carry a copy of your appointment when requesting documents.
• Use neutral options: suggest a meeting with the parent and sibling and a neutral third-party (attorney, bank trust officer, or mediator) to review documents.
• If the parent is deceased, search probate records with the Register of Probate before pursuing litigation; many wills are public once filed.
• Be realistic about costs: litigation can be expensive. Weigh the value of the requested documents against the likely costs of a court battle.
• If elder abuse, financial exploitation, or immediate risk exists, contact Adult Protective Services and consult an attorney quickly.