Detailed Answer: Forcing a sibling to provide a copy of your parents’ estate plan in Montana

Short answer: If your parents are alive, Montana law generally does not let you force a private family member to hand over an estate plan without the parents’ permission. If a parent has died, wills and many probate-related documents become part of the public probate record and you can obtain copies from the district court clerk once probate has started. If the document at issue is a trust or the sibling is acting as a trustee or agent (power of attorney), beneficiaries or interested persons often have statutory rights to information and can ask a court to compel production.

Important disclaimer: This article is educational only and is not legal advice. For guidance about your specific situation, consult a licensed Montana attorney.

How the law treats estate plans while a parent is alive

“Estate plan” can mean a will, a trust, powers of attorney, advance directives, or other documents. While a person is competent, these documents are private. Neither siblings nor other relatives automatically have a legal right to copies just because they are family. Your practical options while parents are alive:

• Ask your parents directly and explain why you want a copy (health, planning, admission by a medical provider, etc.).
• Ask the sibling to deliver the documents to your parents or to you with your parents’ written consent.
• If your parents are incapacitated and the sibling is claiming to act under a power of attorney or as a guardian/trustee, you may have a right to information about the parent’s finances or health decisions under Montana law and could petition the court for a protective order, an accounting, or for appointment of a different decision‑maker if the sibling is abusing authority.

What to do if a parent has died

When a person dies in Montana, their will is ordinarily filed in the district court for probate. Once probate is opened, the file and the will generally become part of the court record and copies are available from the clerk of the district court. Steps to take:

1. Find out whether the sibling has filed the will for probate. Contact the clerk of the district court in the county where your parent lived and ask whether an estate case has been opened. Montana’s probate statutes set out the process for filing wills and opening estates (see Montana Code Annotated, probate provisions).
2. If probate is open, request copies from the court clerk. Many Montana clerks will provide certified or uncertified copies for a small fee.
3. If the sibling has not filed the will and is withholding the decedent’s original will or other estate documents, you can ask the court to compel filing. If someone intentionally hides or destroys a will, the court has remedies, and interested persons can petition the court to require production of the will or to investigate suspicious circumstances.

Trusts and beneficiaries: different rules

Trusts are different from wills. If a parent created an inter vivos trust, the trust document is not automatically public while the settlor (the person who created the trust) is alive. If you are a named beneficiary of a trust, Montana law gives beneficiaries certain rights to information from the trustee, including copies of the trust or accountings in many circumstances. If a trustee (for example, a sibling) refuses to provide required information, an interested person may petition the Montana district court to compel disclosure, remove the trustee, or obtain other relief.

When the sibling is an agent under a power of attorney or a court‑appointed fiduciary

If the sibling is acting under a durable power of attorney or has been appointed guardian/conservator, that person has a fiduciary duty to act in the principal’s best interest. Montana law allows for court oversight of agents and guardians. If the agent is not cooperating or is acting improperly, you can petition the court to review the agent’s actions, demand accountings, or ask the court to remove the agent and appoint another fiduciary.

Practical steps to get the documents

1. Document your requests in writing. Send a clear written request to the sibling and to your parents (if alive) that states what you want and why. Keep copies and delivery receipts.
2. Contact the county district court clerk where a parent lived to check for an opened probate case and to get copies of filed documents.
3. If a trust or POA is involved and you are an interested person or beneficiary, send a written request to the trustee or agent asking for the trust instrument or accounting. Cite Montana’s trust/fiduciary duties if you want an authoritative tone.
4. If informal requests fail, consult a Montana probate or elder‑law attorney about filing a petition in district court to compel production, obtain an accounting, or seek other appropriate remedies.

Relevant Montana sources and where to look

• Montana Code Annotated — probate and trusts (search or browse Title 72 for probate, wills, trusts, guardianship, and fiduciary rules): https://leg.mt.gov/bills/mca_toc/72/
• Montana District Courts general information and clerk contact pages (to check probate filings): https://courts.mt.gov/District-Courts

Note: cite the exact statutory sections that apply to your situation once you know whether you are dealing with a will, trust, power of attorney, or guardianship—an attorney can identify and cite the precise Montana statute to use in a petition.

Common court remedies if a relative withholds estate documents

• Petition to compel delivery of the original will to the probate court (if the testator is deceased).
• Petition for an accounting or for disclosure by a trustee or agent under trust or fiduciary statutes.
• Petition to appointment a neutral guardian/conservator or replacement fiduciary if the agent is acting improperly.
• Motion for contempt or sanctions if someone willfully disobeys a court order to produce documents.

Helpful Hints

• Remain calm and keep records. Save emails, letters, text messages, and proof of phone calls showing your requests.
• Ask the parents first. If they are competent, they control who sees their documents.
• Check probate court records. If a parent has died and probate is open, the will is usually available in the court file.
• Understand the difference between wills and trusts. Trust documents can remain private while the settlor lives.
• Be specific in your written request. Identify the documents (will, trust, POA) and ask for delivery or filing with the court.
• Know who is an “interested person.” Beneficiaries, heirs, and certain claimants qualify; those people have stronger rights to information.
• Use mediation when possible to avoid costly litigation. A neutral mediator can often resolve family disputes faster and less expensively than court.
• Consult a Montana probate or elder‑law attorney early if the sibling refuses to cooperate or if there are signs of wrongdoing, misappropriation, or incapacity.

If you want, I can outline a sample written request to send to your sibling or to the court clerk, and a checklist of documents to gather before you consult an attorney in Montana.