FAQ: Forcing a Sibling to Give You a Copy of Your Parents’ Estate Plan in North Dakota

Short answer: Your options depend on whether your parents are alive or deceased and on what document you seek (will, trust, or other estate plan). If your parents are alive, they control who sees their estate plan. If a parent has died and a will or other document has been submitted for probate, you can get copies from the court. If a trustee or personal representative is withholding documents you may be entitled to, there are court remedies you can pursue in North Dakota.

Detailed answer (North Dakota law)

1. If your parents are alive

When parents are living, the estate plan (wills, trusts, powers of attorney, health care directives) is their private property. A sibling cannot unilaterally force disclosure of those documents unless a court has previously appointed a guardian or conservator who can act for the parent. Typical steps and considerations:

• Ask the parents directly. The easiest path is to request a copy from each parent. Explain why you want it and offer to keep it confidential.
• Write a formal, signed request to both your parents and your sibling. That creates a record if you later sue or petition the court.
• If you suspect undue influence, financial exploitation, or that a parent lacks capacity, contact Adult Protective Services or an elder-abuse hotline in North Dakota. Authorities can investigate and may seek court intervention.
• If a parent has lost capacity and no agent is acting (or an agent is abusing powers), you can petition the court for appointment of a guardian or conservator under North Dakota’s probate/guardianship procedures; a guardian or conservator then has duty-based access to relevant documents. See North Dakota Century Code, Estates/Guardianship provisions for procedures and standards: https://www.legis.nd.gov/cencode/titles/title-30

2. If a parent has died

After a death, wills and certain probate documents typically become public once filed with the court for probate. Steps to get copies:

1. Check whether the will has been filed. In North Dakota, probate petitions and the filed will are handled by the district court in the county where the decedent lived. Many documents become part of the court file and are available to the public. You can search or contact the clerk of district court in that county. North Dakota Courts: https://www.ndcourts.gov/
2. If the sibling is the personal representative and has not filed the will, you can file a petition to open probate yourself. The court will notify interested parties and can order production of the will or direct the sibling to file it.
3. If the will has been filed but your sibling refuses to provide a personal copy, you can obtain a certified copy from the court file for a small fee.
4. If the dispute is about a trust, note that revocable trusts do not always become public. Trustees generally owe duties to beneficiaries; if you are a beneficiary, you may have a statutory right to get trust information. Location and content rules vary; where applicable, beneficiaries can ask the court to compel production or to remove or surcharge a trustee who breaches duties. For North Dakota statutes on estates and trusts, see: https://www.legis.nd.gov/cencode/titles/title-30

3. Tools and legal remedies you can use in North Dakota

• Formal written demand: Send a clear, dated written request to your sibling asking for a copy. Keep proof of delivery.
• Petition to open probate: If the decedent’s will exists but isn’t filed, any interested person can petition the court to admit the will and appoint a personal representative.
• Motion to compel/Discovery: If you are already involved in litigation about the estate (for example, you’ve filed a probate petition or will contest), use discovery to compel production of documents.
• Beneficiary remedies: If you are a named beneficiary of a trust or will and the fiduciary (trustee or personal representative) withholds information, you can ask the court for an order requiring disclosure and for other sanctions for breaches of fiduciary duty.
• Guardianship or protective proceedings: If a parent is incapacitated and needs protection, petitioning for guardianship/conservatorship can give a court-appointed party authority to access estate planning documents.

4. Practical steps to take right now

1. Ask your parents directly, unless doing so would put them at risk.
2. Send a dated, signed written request to your sibling and the parents (if living). Keep copies.
3. Check local district court records in the county where a parent died or lived: https://www.ndcourts.gov/
4. If you suspect wrongdoing, contact Adult Protective Services, or consider consulting an attorney who handles probate/estate litigation in North Dakota.
5. If you decide to pursue court action, gather evidence: communications, proof of request, reasons you believe you’re entitled to the document (status as beneficiary, concerns about capacity, signs of undue influence).

Helpful Hints

• Preserve records: save texts, emails, letters, and proof of certified mail. Courts value documentation of reasonable requests.
• Be specific in your request: name the document (e.g., “last will and testament of [Parent Name] dated [if known]” or “revocable trust document”) and provide a deadline.
• Don’t threaten litigation in an inflammatory way. A calm, formal demand letter often prompts voluntary compliance.
• If you are a named beneficiary, tell the sibling that beneficiaries typically have rights to certain information; this can motivate compliance without court action.
• Find the right county court: probate filings are usually in the district court of the county where the parent resided when they died. Use the North Dakota Courts website to find contact information: https://www.ndcourts.gov/
• Consider mediation: family disputes over estate plans sometimes resolve with a neutral mediator, avoiding costly court battles.
• If you suspect elder abuse, financial exploitation, or undue influence, contact local Adult Protective Services or law enforcement; those agencies can act quickly to protect parents and their property.

Quick sample request you can adapt:

“Dear [Sibling Name], this letter is a formal request for a copy of our parent [Parent Name]’s estate planning documents, specifically their most recent will and any revocable trust documents. Please provide copies by [date — allow 10–14 days]. If you believe I am not entitled to a copy, please state the reason in writing. I prefer to resolve this informally and appreciate your prompt response.”

Where to learn more and statutory resources

• North Dakota Century Code—Estates, Trusts, and Guardianship provisions: https://www.legis.nd.gov/cencode/titles/title-30
• North Dakota Courts (probate and court contact info): https://www.ndcourts.gov/
• For elder abuse or protective services, contact North Dakota Human Services or local Adult Protective Services.

Disclaimer: I am not a lawyer and this information is not legal advice. The article explains general North Dakota procedures and common options. For advice about your particular situation and to take legal action, consult a licensed North Dakota attorney experienced in probate, trust, or guardianship law.