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

Short answer: It depends on whether your parents are alive, incapacitated, or deceased and on what type of document (will, trust, power of attorney, or guardianship) you seek. Oregon law gives different rights to family members, beneficiaries, and interested persons. You can often obtain a copy without court action, but if informal requests fail you may need to ask a court to compel production or to enforce disclosure rights.

Disclaimer

This article is educational only and not legal advice. Laws change and every situation is different. Consult a licensed Oregon attorney before taking legal action.

Detailed answer — what Oregon law lets you do

1) If your parents are alive and competent

If both parents are alive and have capacity, their estate plan is their private property. They alone decide who sees their wills, trusts, powers of attorney, and advance directives. You can ask for a copy and explain why it matters, but you cannot force disclosure unless the parent has already appointed you as a fiduciary (e.g., trustee or agent) or the parent lacks capacity and a court has appointed a guardian for you or another party.

2) If a parent is alive but incapacitated

If a parent has lost capacity and a guardian or conservator has been appointed, the guardian generally manages the parent’s affairs. A guardian or conservator must act in the ward’s best interests and may have the duty to disclose certain records to interested persons or to the court. If you suspect the guardian is hiding documents or acting improperly, you can petition the probate court to review the guardian’s actions and to request production of relevant documents.

3) If a parent is deceased — wills

When a person dies in Oregon, the person who has possession of the decedent’s will is generally required to deliver it to the appropriate probate court for probate. Once the will is filed with the court, it becomes a public record and interested persons (heirs, beneficiaries, creditors) can obtain copies from the court clerk. If your sibling has the original will and refuses to file or hand it over, you can petition the probate court to order production and to file the will. If the sibling has destroyed or hidden the will, that can raise additional civil and criminal issues.

4) If the estate plan involves a trust

Trusts are different from wills. A revocable living trust is usually private while the settlor (the person who created the trust) is alive. After the settlor’s death, trustees normally must provide beneficiaries certain information and, in many cases, a copy of the trust instrument or a summary. If your sibling is the trustee and refuses to provide trust documents to an entitled beneficiary, you can demand the documents in writing and then petition a court (probate/trust division) to compel disclosure and to enforce the trustee’s fiduciary duties.

5) Practical legal remedies in Oregon if your sibling ignores a formal request

Start with a clear written demand (keep a copy). If that fails, options commonly used in Oregon include:

• Filing a petition with the probate court to compel production of a decedent’s will or trust instrument.
• Requesting an order to produce documents in any active probate, guardianship, or trust administration matter.
• Bringing a civil action to enforce fiduciary duties if the sibling is a trustee, conservator, or guardian and refuses to provide required information.
• Seeking temporary injunctive relief when you can show immediate harm (for example, hiding a will or removing assets).
• Contacting the county probate clerk or the Oregon Judicial Department probate programs for filing and procedure information: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

6) Evidence, preservation, and urgency

Document your requests (dates, method, content) and preserve any proof that your sibling possesses or controls the document (communications, witnesses, photos of where documents are kept). If you suspect destruction or hiding of a will or trust documents, act quickly. Courts can impose sanctions and may interpret suspicious conduct against the person who interfered with the decedent’s estate planning documents.

How to proceed step-by-step (recommended approach)

1. Ask politely, in writing. Send a certified letter or email so you have proof. State who you are, what document you want, and why (beneficiary, heir, concerned family member).
2. Check whether a probate case already exists. Visit the county court’s probate records or contact the court clerk.
3. If a trust is involved and you are a beneficiary, cite your entitlement to information and request a copy in writing.
4. If informal efforts fail, consult an Oregon probate or trust attorney. An attorney can send a demand letter that explains the legal consequences of refusal.
5. If refusal continues, file the appropriate petition in the local probate court (petition to compel production, petition for accounting, petition to remove a fiduciary, or civil suit for breach of fiduciary duty).
6. If you fear immediate loss or destruction of documents or assets, ask your attorney about emergency relief (temporary restraining order or temporary injunction).

Where to find Oregon law and court rules

For general Oregon statutes and to explore the Revised Statutes (ORS), use the Oregon Legislature site: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

For probate practice, local forms, filing rules, and court contacts, use the Oregon Judicial Department probate pages: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

When to get professional help

Hire a licensed Oregon attorney if:

• Your sibling continues to refuse after written demand;
• You suspect destruction, concealment, or theft of estate documents;
• Significant assets or contested beneficiary interests exist;
• There is evidence of elder abuse, undue influence, or fraud.

Helpful Hints

• Keep all communications calm and professional. Emotions can escalate disputes and harm your position in court.
• Use certified mail or email with read receipts when you make written demands. Keep copies of everything.
• Check public probate records early — a filed will is public. Contact the county clerk where your parent lived when they died.
• If your parent named your sibling as agent, trustee, or guardian, the sibling has legal duties; refusal to provide basic information can be a breach of duty.
• Consider mediation or family dispute resolution if you want a faster, less adversarial solution.
• Act quickly if you suspect document destruction. Courts can order immediate relief to preserve evidence and assets.
• Find local forms and procedures at the Oregon Judicial Department probate pages: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

If you want, provide a short summary of the facts (are the parents alive or deceased? Is there a trust or only a will? Is your sibling a named fiduciary?) and I can outline likely next steps tailored to that scenario.