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

Short answer: In Nevada, you generally cannot force a sibling to hand over a private estate planning document (like a will or a revocable living trust) while your parents are alive and competent. Your options depend on (1) whether your parents are alive or deceased, (2) whether the document is a will or a trust, and (3) whether someone has a legal role (agent under a power of attorney, trustee, guardian, or executor) or the parents are incapacitated. If your sibling is refusing to cooperate after a formal request, there are practical and legal steps you can take — but most statutory rights to copies only arise after certain triggering events such as incapacity, the settlor’s death, or when someone has standing as a beneficiary.

Detailed answer — how Nevada law and practice apply

1) If your parents are alive and competent

Estate plans — including wills, powers of attorney, advance directives, and revocable living trusts — are private documents. Nevada law does not give adult children an automatic right to copies of those documents while the parents are alive and competent to manage their own affairs. A parent can decide who sees the documents and when.

What you can do:

• Ask your parents directly and explain why you want a copy.
• Ask whether the attorney who prepared the documents will provide a copy to you (some attorneys will only share with the client unless the client authorizes disclosure).
• If your sibling holds the documents but your parents have given you power of attorney or appointed you as agent in an advance directive, you may have a right to see relevant documents while acting under that authority.

2) If a parent is incapacitated or has died

If a parent is incapacitated and you are the court-appointed guardian or you hold a valid durable power of attorney for finances, you generally have authority to access financial and estate planning documents necessary to perform your duties. If a parent has died, the original will usually must be submitted to the probate court by the person who has it (often the executor). When a will is filed for probate, it becomes part of the public record and beneficiaries and interested persons can obtain copies through the court.

Trusts are different:

• Revocable living trusts are private while the settlor (the person who created the trust) is alive and competent. If the settlor becomes incapacitated or dies, Nevada trust law provides mechanisms that give certain people (trustees, beneficiaries, and sometimes qualified persons) the right to information and copies of the trust instrument or accountings. Check Nevada courts’ probate/trust guidance for specific procedures: https://nvcourts.gov/Self_Help/Probate/.
• Irrevocable trusts generally give beneficiaries more established rights to receive trust information and accountings under Nevada trust law once they have an enforceable interest.

3) If your sibling is refusing after a formal request

Steps you can consider:

1. Send a firm but professional demand in writing (certified mail with return receipt). Keep copies of all communications.
2. Ask whether the original documents are being held by an attorney, a bank safe deposit, or with the parents. If an attorney holds them, they may only release on client instruction, or after death if authorized.
3. If a parent is incapacitated and you have authority (guardian/POA), present that authority and request access. If the sibling still refuses, you can petition the court for relief (e.g., enforcement of your authority as agent or guardian).
4. If a parent is deceased and someone is hiding or refusing to turn over an original will to probate, you can file a petition in the probate court asking the court to compel production or to initiate probate. Once the will is filed in probate, it becomes a public record.
5. If your sibling is acting as trustee or executor and is refusing to provide required information to beneficiaries or interested persons, you may have a cause of action in Nevada to compel disclosure or to remove the fiduciary for breach of duty. Documentation of repeated refusals strengthens a court petition.
6. Consider mediation or a neutral third-party attorney to resolve the dispute if relationships and facts allow.

4) Possible legal claims and remedies

If litigation becomes necessary, typical claims or remedies in Nevada could include:

• Petition to open probate and compel filing of the will if a parent is deceased.
• Petition to compel a trustee to produce trust documents or accountings (for beneficiaries with statutory rights).
• Petition to enforce a power of attorney or guardian duties if you hold that authority and need documents to act.
• Tort or equitable claims such as conversion, concealment, or breach of fiduciary duty if a fiduciary is hiding documents — remedies can include orders to produce documents, monetary damages, or removal of the fiduciary.

Where to find Nevada statutes and court guidance:

• Nevada Revised Statutes (NRS) — general statutory code: https://www.leg.state.nv.us/NRS/
• Nevada Courts — probate and trust self-help and filers’ information: https://nvcourts.gov/Self_Help/Probate/

Helpful Hints

• Start with the parents. If they are capable, ask them to authorize disclosure in writing or to provide a copy directly to you.
• Check where the documents are likely stored: the attorney who prepared the plan, a bank, a safe-deposit box, or a household safe. Executors/trustees often store originals with the drafting attorney.
• If you have a power of attorney or a court-appointed role, present that authority and request access in writing. Keep records of every request and refusal.
• Use certified mail for requests so you have proof of delivery and dates.
• Avoid threatening or escalatory messages. Keep communications factual and focused on obtaining the documents or a clear explanation for withholding them.
• If you suspect wrongful concealment after a parent’s death, contact a probate or trust attorney promptly — time limits and procedural requirements apply to probate petitions and fiduciary litigation.
• Consider a short consultation with a Nevada probate or trust attorney to evaluate standing, likely remedies, and costs before filing court actions.

Bottom line: You cannot generally force a sibling to hand over private estate planning documents while your parents are alive and competent. If incapacity or death has occurred, or if your sibling is a fiduciary (trustee/executor) required to provide documents to beneficiaries, Nevada law provides paths to obtain copies or compel production. The best next step is to gather facts, document requests and refusals, and consult a Nevada probate/trust attorney about filing a petition or pursuing other remedies.

Disclaimer: I am not a lawyer. This post explains general Nevada law and practice as an informational resource only. It is not legal advice. For advice about your situation, consult a licensed Nevada attorney who can review the facts and guide you on next steps.