Disclaimer: I am not a lawyer. This article explains general information about Massachusetts law and possible steps you can take. This is not legal advice. If you need legal advice about your situation, consult a licensed Massachusetts attorney.
Detailed answer — How to get a copy of your parents’ estate plan in Massachusetts
Whether you can force your sibling to hand over a copy of your parents’ estate plan depends on three core facts: (1) Are your parents alive or deceased; (2) does the document you want exist as a will, trust, power of attorney, or health care proxy; and (3) what role (if any) your sibling plays — e.g., named trustee, attorney-in-fact, or personal representative. Below is a plain-language breakdown of what Massachusetts law generally allows and the practical steps you can take.
If your parents are still alive
Estate planning documents created while a person is alive (wills, trusts, powers of attorney, health care proxies) are private property of the testator/grantor. Your sibling does not automatically have to give you copies unless:
- the parent personally gave your sibling authority to share documents; or
- the sibling is a trustee or an agent (under a power of attorney) with duties that require disclosure to beneficiaries or principals; or
- a court orders disclosure (for example, after a petition for guardianship or conservatorship).
Practical steps while parents are alive:
- Ask the parents directly for copies. Many disputes end when the maker of the plan simply provides the documents.
- Send a written request to your sibling and keep a signed delivery receipt, date-stamped copy, or email trail. Be polite and state why you want the documents (e.g., that you are an intended beneficiary or need to confirm your parents’ wishes).
- If a parent is incapacitated and you believe they need a guardian or your sibling is abusing authority, you may petition Probate and Family Court for guardianship or conservatorship (called a “guardian of the person” or “conservator/guardian of the estate” in Massachusetts), which gives the court authority to direct production of records and to appoint a different decisionmaker. See the Massachusetts Probate & Family Court guidance: https://www.mass.gov/orgs/probate-and-family-court
If a parent is deceased
Wills: In Massachusetts, when a person dies, an original will is typically submitted to the Probate and Family Court for probate. Once filed with the probate court, the will generally becomes a public court record. If your parent has died and your sibling refuses to provide a copy of the will, you can:
- Contact the Probate & Family Court for the county where your parent resided and ask whether a will has been filed. Find your Probate & Family Court: https://www.mass.gov/find-your-massachusetts-probate-and-family-court
- If the sibling says a will exists but will not file it, a person who knows of the will (or is named in it) can ask the court about filing requirements. The probate court can require production and take action if someone intentionally withholds an original will required to be probated.
Trusts: Revocable trusts and many other trusts do not get filed with the court during the settlor’s lifetime or at death (unless a trust is probated or there is litigation). If you are a beneficiary of a trust, the trustee has statutory duties in Massachusetts to keep beneficiaries informed and to provide information on request. Massachusetts enacted a version of the Uniform Trust Code; see Massachusetts General Laws, Chapter 203E: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter203E
If a trustee (including a sibling who serves as trustee) refuses to provide trust documents or accountings, a beneficiary can file a petition in Probate and Family Court asking the court to compel disclosure, require an accounting, surcharge the trustee for wrongdoing, or remove the trustee.
Key legal bases (Massachusetts resources and statutes)
- Massachusetts Probate & Family Court general information and forms: https://www.mass.gov/orgs/probate-and-family-court
- Estate administration, wills and probate guide (Mass.gov): https://www.mass.gov/guides/estate-administration-wills-and-probate
- Massachusetts Uniform Trust Code (trustee duties and beneficiary rights): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter203E
How to “force” production — step-by-step options
Use these escalating steps depending on how urgent the situation is and whether the parent is alive or deceased.
- Document your requests: Send a clear written request to your sibling asking for copies. Keep copies and proof of delivery (email receipts, certified mail, or courier receipts).
- Ask the parent directly: If parents are competent, ask them in person or in writing to provide copies or to instruct the sibling to share documents.
- Confirm roles: Determine whether your sibling is a trustee, agent under a power of attorney, or executor/personal representative. Those roles come with duties that sometimes require disclosure to beneficiaries or the principal.
- Check probate filings (if a parent is deceased): Contact the Probate and Family Court in the county where your parent lived to see whether a will or a probate case exists. If a will hasn’t been filed but should be, the court can advise on next steps.
- File a petition in Probate and Family Court: If your requests fail, you (or your attorney) can petition the court to compel production, request an accounting from a trustee, seek removal of a trustee, or request appointment of a guardian/conservator if a parent is incapacitated. The court can issue subpoenas and orders enforceable by contempt if someone refuses to comply.
- Consider emergency relief: If you reasonably fear immediate harm to the parent’s finances or health (e.g., suspected misuse of assets), talk to an attorney about emergency petitions for temporary conservatorship or injunctions.
Evidence and documents to gather before going to court or an attorney
- Copies of all written requests and correspondence with your sibling.
- Any emails, texts, voicemails, or notes from conversations where your sibling acknowledged possession of the documents.
- Documentation of your parent’s current mental/physical condition if capacity is an issue (medical summaries, physician notes).
- Records showing the parent’s residence, date of death (if applicable), or other probate-relevant facts.
When to consult an attorney
Get a Massachusetts probate or trust attorney if:
- Your parent is incapacitated and there’s a disagreement about who should manage affairs;
- A trustee or sibling is refusing to provide information and you are a likely beneficiary;
- A will has not been filed after a death and you believe it should be; or
- Large assets or suspected financial abuse are involved.
Attorneys can help draft demand letters, file petitions, seek temporary orders, and represent you in court. If cost is an issue, look for legal aid or low-bono clinics through Massachusetts Legal Help: https://www.masslegalhelp.org/
Practical outcomes you might expect
- If the parent is alive and competent: often the simplest solution is the parent directing the sibling to provide copies.
- If the parent is incapacitated: the court may appoint a guardian/conservator who has authority to collect records and control the parent’s affairs.
- If the parent is deceased and a will exists: the will is usually filed in probate and becomes public; the court can order production if it’s being withheld.
- If the document is a trust: the court can order a trustee to provide accountings and documents to beneficiaries and may remove or surcharge a trustee who breaches duties under the Massachusetts Uniform Trust Code (M.G.L. c.203E).
Helpful Hints
- Start with calm, written communication. Polite, documented requests often resolve disputes without court action.
- Keep copies of everything and a timeline of events—courts value clear records.
- If you suspect financial abuse, report it to the Probate Court and consider contacting adult protective services for guidance.
- Contact your local Probate & Family Court clerk for process information; clerks can explain filing procedures but cannot give legal advice: https://www.mass.gov/orgs/probate-and-family-court
- Search for “Massachusetts Uniform Trust Code” (M.G.L. c.203E) to read the trustee’s duties and beneficiary rights: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter203E
- If cost is a concern, look for free or low-cost legal help: https://www.masslegalhelp.org/
- When you ask for documents, be specific: name the document (e.g., Last Will of [Parent’s name], revocable trust dated [approximate year], power of attorney dated [year]) to avoid ambiguity.
Final note: disputes over estate plans often mix strong emotions with important legal rights. Courts in Massachusetts have tools to compel disclosure and protect beneficiaries and incapacitated persons, but the fastest, least expensive path is usually cooperation or clear parental direction. If cooperation fails, a probate/trust attorney can explain the strongest path under Massachusetts law.