Detailed Answer

Short answer: Under Mississippi law, whether you can force your sibling to give you a copy of your parents’ estate plan depends on whether the parent is alive or deceased and whether the parent has given you any legal right to the documents (for example, by naming you an agent, executor, trustee, or beneficiary). If the parent is alive, estate plans (wills, trusts, powers of attorney) are generally private and the parent controls access. If the parent is deceased, a valid will normally must be submitted to probate, where copies become part of the court record and are obtainable through the probate process. If your sibling continues to refuse after a formal request, your options in Mississippi include sending a lawyer’s demand letter, asking the probate court to compel production after death, or seeking court-ordered discovery or other relief if the parent is incapacitated or has died.

When the parent is alive

Mississippi law treats estate-planning documents as private while the testator (the person who made the documents) is living. A parent may choose to share or keep private their will, trust, or other documents. If the parent has capacity and refuses to give you a copy, you normally cannot force disclosure unless one of these applies:

• The parent has given you a legal right (e.g., named you as agent under a power of attorney, successor trustee, or co-trustee).
• The parent lacks capacity and you successfully obtain guardianship/conservatorship or a court order allowing access to necessary records.
• There is evidence of fraud, undue influence, or misconduct that justifies court intervention.

If you suspect incapacity or misconduct, an attorney can help you evaluate whether to file for guardianship (to protect the parent’s person or estate) or to seek injunctive relief requiring production of documents.

When the parent is deceased

After death, wills must be presented to the probate court for probate. Once a will is filed, probate filings are generally public records and interested persons may obtain copies through the probate court. If you believe the sibling is withholding a will or other estate documents after the parent’s death, you can petition the appropriate Mississippi probate court to locate and admit the will to probate and to compel production of the document.

Practical legal steps in Mississippi

1. Send a written demand: Start with a clear, dated written request to your sibling (certified mail with return receipt works well). Keep a copy.
2. Hire an attorney to send a demand letter: A letter from a Mississippi attorney explains legal consequences and can prompt cooperation.
3. If the parent is deceased: File a petition with the probate court in the county where the parent lived asking the court to compel production and to admit any will to probate. The probate process can require those with possession of a will to produce it.
4. If the parent is alive but incapacitated: Consider filing for guardianship/conservatorship in chancery or county court to protect the parent and obtain access to financial records and documents.
5. If you are involved in ongoing litigation with your sibling: Use discovery tools (subpoena, production requests) to compel document production during the case.
6. Consider alternative dispute resolution: Mediation or negotiation can resolve disputes about access without protracted litigation.

Relevant Mississippi resources and statutes

Mississippi handles probate, wills, and guardianship through state statutes and courts. For general reference, see the Mississippi Legislature website and the Mississippi Judiciary site for probate information:

• Mississippi Legislature (statutes and code)
• Mississippi Judiciary (court & probate resources)

An attorney can point to the precise code sections that apply to your facts and file the correct petitions or motions in the appropriate Mississippi court.

What you should expect

• Before death: limited legal remedies unless incapacity or misconduct; privacy is normally protected.
• After death: probate is the usual route; courts can compel production and admit wills to probate.
• Time & cost: court filings and litigation can take months and involve filing fees, service costs, and attorney fees.
• Evidence: keep copies of your written requests, any communications, and any evidence that the sibling has the documents (emails, admission, witnesses).

How an attorney can help

An attorney can evaluate whether you have standing, prepare and send demand letters, file petitions in probate or chancery court, subpoena documents, and represent you at hearings. If you face a refusal after a formal request, an attorney’s involvement often prompts compliance or allows you to use court processes to obtain the documents.

Disclaimer

This content is for educational purposes only and is not legal advice. Laws change and each situation is different. Consult a licensed Mississippi attorney to get advice tailored to your specific facts.

Helpful Hints

• Always send written requests and keep proof of delivery (certified mail or email with read receipt).
• Gather proof of the parent’s death (death certificate) if relevant; probate usually begins only after death.
• Collect any communications showing the sibling has the documents (texts, emails, statements from family members).
• If you think the parent is being financially exploited or is incapacitated, contact an estate attorney promptly—time can be critical.
• Check the county probate court clerk’s office where the parent lived—if a will was already filed, the clerk can often tell you how to obtain a copy.
• Consider mediation if family relationships matter—the court process can escalate conflict and cost more.
• Document expenses and losses you believe result from the sibling’s refusal—this may matter for claims later.