Detailed answer — what Ohio law generally allows and what it does not

Short answer: If your parents are alive, Ohio law generally does not give adult children an automatic right to copies of their parents’ private estate planning documents (wills, trusts, powers of attorney). If a parent is deceased, or if you are a named beneficiary, agent, or otherwise have a legal interest, you may have ways to get the documents — often through the probate court or by asserting statutory rights. Below is a plain-language roadmap you can follow under Ohio law.

1) Parents are alive and competent

Estate plans created while a person is alive are normally private. Your sibling—who has a copy—has no general obligation under Ohio law to give you private documents your parents created for their own use. The practical ways to get copies when parents are living are:

• Ask your parents directly and explain why you want the documents. If they agree, they can provide copies or sign authorizations allowing disclosure.
• If you have a power of attorney or guardianship appointment for a parent, that authority may allow you to access financial and legal documents for the parent’s benefit. Ohio’s statutes governing powers of attorney outline the authority of an agent. See Ohio Rev. Code Chapter 1337 for background on powers of attorney: https://codes.ohio.gov/ohio-revised-code/chapter/1337.
• If the plan includes a living trust and you are a current beneficiary of that trust, Ohio trust law gives beneficiaries limited rights to information from the trustee. A trustee (if your sibling is acting as trustee) must respond to beneficiary requests as required by trust law.

2) Parent is incapacitated

If a parent lacks capacity and a guardian or conservator or an agent under a valid power of attorney is acting for the parent, that fiduciary should be able to provide necessary documents related to the parent’s care and finances. If the sibling is withholding documents while acting as guardian, trustee, or attorney-in-fact, you may be able to petition the probate court to review the guardian’s or fiduciary’s actions and to order disclosure.

3) Parent is deceased

When a person dies, the will (if one exists and is in someone’s possession) generally must be presented to the probate court in the county where the decedent lived. In Ohio, probate law governs how wills are filed and how estates are administered. If your sibling has the decedent’s original will and refuses to file it or refuses to share copies with beneficiaries, you can:

• File a petition with the probate court in the decedent’s home county asking the court to compel filing or to require the sibling to produce the will. Ohio’s probate rules and statutes provide the court authority to require production of a will and to appoint an executor or administrator to manage distribution. See Ohio Rev. Code Chapter 2107 (Wills and probate procedures): https://codes.ohio.gov/ohio-revised-code/chapter/2107.
• If you are a named beneficiary under a trust, you can demand trust information from the trustee. Ohio’s trust statutes set out beneficiaries’ rights to information and accountings; if the trustee (or a sibling acting as trustee) refuses, you can seek relief in probate or common pleas court.
• If your sibling is acting as executor or personal representative and is withholding estate information, beneficiaries have the right to an accounting and can petition the probate court for relief, including surcharge or removal of the fiduciary if there is misconduct.

4) Possible legal claims or court actions

Depending on your role and status, potential legal remedies include:

• Petitioning probate court to compel production of a will after death and to oversee estate administration (probate remedies).
• Requesting a trustee accounting or petitioning to compel trust disclosure if you are a trust beneficiary.
• Filing for declaratory relief if there is a dispute over rights to documents or interpretation of fiduciary duties.
• If a fiduciary (trustee, guardian, attorney-in-fact, executor) intentionally hides documents to deprive beneficiaries or otherwise breaches duties, seeking removal and damages for breach of fiduciary duty.

5) Practical steps to take now

1. Talk to your parents (if able) and ask for a copy or permission for disclosure.
2. Ask your sibling to share a copy in writing and keep records of requests and any responses.
3. Determine whether you are a named beneficiary, agent, or fiduciary — that status changes your legal rights.
4. If the parent is deceased or incapacitated, contact the local probate court to learn procedure and file a petition if necessary.
5. Consider contacting an Ohio probate or trust attorney for advice about filing motions or petitions tailored to your facts.

Resources: For statutes and procedure, review Ohio’s probate and power-of-attorney statutes at the Ohio Revised Code: https://codes.ohio.gov/. Relevant starting points include the chapters on wills/probate (R.C. Chapter 2107) and powers of attorney (R.C. Chapter 1337).

Important note: The facts matter. Different results follow if a parent has a trust, if you are a beneficiary, or if the sibling is a fiduciary. Probate court practice varies by county, so local rules and judges’ practices affect timing and outcomes.

Helpful hints

• Keep a paper trail: document every request for the documents (emails, letters, text messages) and the sibling’s responses or lack of response.
• Ask the sibling plainly whether they are holding the original will, a trust instrument, or a power of attorney. An admission in writing helps if you later petition the court.
• If you know which attorney prepared the plan, contact that attorney and ask whether they can confirm the client’s wishes or provide a courtesy copy (attorneys often keep client files but must protect confidentiality unless the client permits disclosure or the client is deceased and the attorney follows applicable rules).
• If the parent is incapacitated and you suspect financial misconduct, move quickly: ask the bank, hire an elder-law attorney, and consider filing an emergency petition to protect assets.
• When filing in probate court, be clear about your legal interest (beneficiary, creditor, heir-at-law, etc.). Courts are more likely to grant relief to parties with a recognized legal interest.
• Before suing a family member, weigh costs and relationships. Sometimes a neutral mediator, family meeting, or attorney-to-attorney letter can resolve the issue faster and with less family damage.