Detailed answer (What you can and cannot do under Rhode Island law)

Short answer: It depends on whether your parents are alive, whether the document is a will or a trust, and whether you have a legal right to see it. You generally cannot “force” a sibling to hand over private papers if the parents are alive and the documents are their private property. If a parent has died and a will has been filed for probate, or if you are an identified beneficiary of a revocable trust, Rhode Island law gives you routes to obtain copies or compel disclosure through the probate system or court.

1) If a parent is alive

– The estate plan documents (wills, trusts, powers of attorney) are the parents’ private property. A sibling who is holding the documents on their behalf is not automatically required to turn them over simply because you ask.
– Best first step: make a written, polite request to your parent asking them to provide a copy or to confirm key terms (executor, beneficiaries, trustees). If the parent is competent, they control disclosure.
– If you reasonably believe the parent lacks capacity, is being exploited, or is subject to undue influence, you can raise the issue with the Rhode Island probate court or adult protective services. The probate court can investigate allegations of incapacity or undue influence and may order production of documents or appoint a guardian/conservator. See Rhode Island Probate Court information: https://www.courts.ri.gov/Courts/ProbateFamilyCourts/Pages/default.aspx

2) If a parent has died and you want a copy of the will

– In Rhode Island, wills that are submitted for probate become part of the probate record. If the will has been filed in the probate court where the deceased lived, the court file will contain a copy and you can obtain a copy from the probate court. Contact the local probate court to ask whether a will was filed and how to get a certified copy of the will and other documents.
– If no probate has been opened and someone (for example, your sibling) is refusing to file a will, you may file a petition with the probate court to open probate and to have the court accept the will for probate. If a will exists but the sibling refuses to file it, the court can take steps to locate the original and may accept a duplicate or allow other evidence of the will’s contents under Rhode Island probate rules.
– For background on probate and estate administration in Rhode Island, see Title 33 (Probate) of the Rhode Island General Laws and the Probate Court pages: https://www.rilegislature.gov/Statutes/TITLE33/ and https://www.courts.ri.gov/Courts/ProbateFamilyCourts/Pages/default.aspx

3) If the estate plan includes a trust

– Trusts are typically private documents while a settlor (the person who created the trust) is alive. If you are a current beneficiary under a trust, many states (including Rhode Island) recognize beneficiaries’ rights to see trust documents and accountings. If a trustee (or sibling acting as trustee) refuses to provide requested trust information, you can demand disclosure in writing and, if refused, petition the probate court to compel production and to account for trust administration.
– If you suspect the trustee is mismanaging trust assets, the court can remove the trustee, order an accounting, and provide other remedies.
– See Rhode Island statutes governing probate and trusts (Title 18 and Title 33) for statutory authority on trust administration and beneficiary rights: https://www.rilegislature.gov/Statutes/

4) Practical steps you can take now

1. Ask the parent first (if alive): A direct, written request to the parent is the simplest route. Offer to keep a copy confidential if that helps.
2. Document your requests: Keep copies of written requests (letters, emails, certified mail receipts) to your sibling and parent. This helps if you later petition the court.
3. Check whether probate has been opened: If the parent has died, contact the probate court where the parent lived to see whether a will or probate case exists and order certified copies if available.
4. If you are a beneficiary of a trust: Make a written demand for copies or accountings. If refused, file a petition in probate court to compel disclosure and request an accounting.
5. If you suspect wrongdoing: If you reasonably suspect fraud, forgery, undue influence, or mismanagement, consult an attorney about filing a probate contest, a petition to compel production, or a complaint asking the court to investigate.

5) How the court can help

– Probate courts can compel production of estate or trust documents, open an estate when a will is withheld, provisionally accept copies or other proof of the will, order accountings, remove or surcharge fiduciaries (executors, administrators, or trustees), and impose other remedies.
– If your sibling refuses to comply with a court order, the court can impose sanctions, order turnover of documents, and take additional enforcement steps.

6) When to consult an attorney

– If your written requests are ignored, if you believe a will or trust has been hidden, or if you suspect undue influence or mismanagement, talk with a Rhode Island probate or trust attorney. An attorney can evaluate your status (beneficiary or not), prepare formal petitions, and represent you in court to compel disclosure or open probate.

Important statutory resources (Rhode Island) — general entry points:

• Rhode Island Probate Court information: https://www.courts.ri.gov/Courts/ProbateFamilyCourts/Pages/default.aspx
• Rhode Island General Laws (search and browse titles, including Title 33 on probate): https://www.rilegislature.gov/Statutes/

Disclaimer: This article explains general Rhode Island law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a qualified Rhode Island attorney.

Helpful hints — practical tips to get a copy of the estate plan

• Begin calmly and in writing: a clear, polite written request to the parent or sibling often resolves matters without court involvement.
• Use certified mail for key communications to create a record.
• If a parent is alive but incapacitated, involve the probate court or adult protective services quickly.
• If the parent is deceased, search probate court records before confronting family; a will on file makes the process straightforward.
• If the document is a trust and you’re a beneficiary, specifically request the trust instrument and a recent accounting; cite your status as beneficiary in the request.
• Collect evidence if you suspect wrongdoing: copies of communications, copies of financial statements, or witness statements can help a petition in probate court.
• Consult a Rhode Island probate/trust attorney if family discussions fail. An attorney can file petitions asking the court to compel disclosure, open probate, or remove a fiduciary.
• Remember litigation can be slow and costly: weigh the likely benefit of obtaining the document against the time, cost, and family strain of court action.