How can I force my sibling to give me a copy of our parents’ estate plan in Michigan (MI)?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can I force my sibling to give me a copy of our parents’ estate plan in Michigan?

This FAQ explains what rights you may have under Michigan law, practical steps you can take, and when to involve the probate court or an attorney. This is educational information only and not legal advice.

Detailed answer — what Michigan law generally says and what you can do

1. First, identify whether your parents are alive or deceased

If your parents are alive and competent, their estate plan (wills, trusts, powers of attorney, advance directives) is private. Only the person who signed the documents (your parent) or anyone the parent authorized (their attorney) can release copies. You cannot force your sibling to give you copies of a living parent’s documents unless your parent authorizes that disclosure.

2. If a parent is alive but incapacitated

If a parent has lost capacity and your sibling claims to be the agent under a power of attorney or the trustee/guardian, you can request proof of authority (a copy of the power of attorney, guardianship order, or trust instrument). If the sibling refuses and you believe the parent needs protection, you may ask the probate court to review the situation and, if necessary, appoint a guardian or conservator. Michigan courts handle guardianships and conservatorships through probate court — see general probate information at the Michigan Courts website: https://courts.michigan.gov/.

3. If a parent has died

Wills and probate: In Michigan, a valid last will and testament typically must be filed with the probate court in the county where the decedent lived after death to open probate. Once a will is filed in probate, it becomes part of the public court file and beneficiaries or interested persons can obtain a copy from the court. If your sibling is refusing to file a will (or is keeping a will without filing it), you can petition the probate court to locate and admit the will to probate.

Trusts: Revocable trusts are generally private during a settlor’s lifetime. After the settlor’s death, trustees often have duties to inform beneficiaries and sometimes to provide copies of the trust instrument or a summary. Michigan’s probate and trust rules give beneficiaries certain informational rights — if a trustee refuses, a beneficiary can ask the probate court to compel disclosure and to enforce the trustee’s duties.

4. Practical legal options in Michigan

  • Ask the parent directly (if alive and competent). Request a signed release authorizing the parent’s attorney to provide you a copy.
  • Request orally and in writing. Send a polite, dated written request to your sibling and copy the parent’s attorney (if you know who that is). Document your attempts.
  • Demand through an attorney. Have a lawyer send a formal demand letter. This often motivates cooperation without court action.
  • If a parent is deceased and you suspect a will exists: Petition the probate court to locate and admit the will. If your sibling is withholding a will, the court can order production and can sanction bad faith conduct.
  • If you are a beneficiary or the parent is incapacitated: Petition probate court for relief (accounting, disclosure of trust terms, removal of a guardian or trustee for misconduct, or appointment of a guardian/conservator).
  • For trusts: If you are a beneficiary and the trustee (possibly your sibling) refuses to provide information required under fiduciary law, you may petition the probate court to compel disclosure and to enforce trustee duties.

5. Statutes and official resources

Michigan’s estate and probate laws are found in the Estates and Protected Individuals Code (EPIC), commonly cited as MCL Chapter 700. For general information and to read the statutes, see the Michigan Legislature site: https://www.legislature.mi.gov. For practical probate and guardianship resources, see the Michigan Courts site: https://courts.michigan.gov.

6. What the court can order

When you ask the probate court for help, the court can:

  • Order production of a will or trust document.
  • Require an executor, personal representative, or trustee to provide accountings and disclosures to beneficiaries or interested persons.
  • Remove or replace a fiduciary (executor, trustee, guardian) for misconduct.
  • Sanction parties who hide or destroy estate documents.

7. Timing and costs

Court petitions can take weeks to months and incur filing fees and attorney fees. Sending a written request or having an attorney send a demand letter is lower-cost and often successful. If you have evidence of bad faith (destruction, concealment), act promptly — courts can impose remedies when hiding is proved.

Helpful hints — practical steps you can take now

  1. Confirm whether your parents are alive. If alive, ask them directly for copies or to authorize their attorney to provide copies.
  2. Send a clear, dated written request to your sibling asking for the specific documents (e.g., “Last will and testament for [Parent name], dated [if known]”). Keep a copy of your correspondence.
  3. Find out the family attorney’s contact if possible. An attorney who prepared the documents will usually provide a copy to the testator or to an appointed agent when authorized.
  4. If a parent has died, check with the local probate court whether a will has been filed. You can search or call the probate clerk in the county where your parent resided.
  5. If your sibling is the purported personal representative/executor or trustee and refuses to cooperate, consider a lawyer’s demand letter before filing in court.
  6. Collect and preserve evidence if you suspect your sibling is hiding, destroying, or altering documents (texts, emails, witness statements). Evidence matters in court disputes.
  7. If cost is a concern, many probate courts provide self-help resources; legal aid or low-cost clinics can help evaluate your rights as a beneficiary or interested person.

Disclaimer: This article provides general information about Michigan law and common legal steps. This is not legal advice. For advice about your specific situation, consult a licensed Michigan attorney who handles probate, trust, or guardianship matters.

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.