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

Short answer: It depends on whether your parents are alive and whether the document is a will or a trust. If your parents are alive, you usually cannot force a sibling to hand over a private estate planning document (like a will or a revocable trust) unless the parent or a court authorizes disclosure. If a parent is deceased and the will has been or should be filed for probate, the probate court record becomes public and you can obtain a copy through the court. If the document is a trust and your sibling is a trustee, South Dakota law and the trust instrument may give beneficiaries a right to copies and accountings — and a court can compel disclosure and remedies for a trustee’s refusal.

Detailed answer — what South Dakota law means for your situation

1) Parent is alive

Wills and most estate plans created while the testator (the parent) is alive are private documents. A sibling who obtained a copy directly from a parent generally has no automatic legal duty to share that copy with other family members. Key options and rules:

• If your parent is competent and willing, ask the parent directly for the document or for permission to see it.
• If your parent executed a power of attorney that names you or the sibling, that document may allow the agent to access certain records; review the power of attorney or ask the parent’s attorney.
• If you suspect your parent lacks capacity or is being financially abused by the sibling, you may be able to get a court-appointed guardian or conservator who can obtain records and protect the parent’s estate. In such cases you would petition South Dakota’s circuit court for guardianship/conservatorship (probate-related proceedings are handled in circuit court).
• If the document is a revocable trust and the parent created it, the parent (as settlor) controls disclosure while alive. If the parent named the sibling as co-trustee or trustee and the trust instrument or state trust law requires sharing trust information with beneficiaries, the sibling’s duties depend on those terms and on South Dakota trust law.

2) Parent is deceased

If a parent has died, the rules change depending on whether the instrument was a will or a trust:

• Wills: In South Dakota, when someone brings a will to the county probate court to open an estate, the will becomes part of the public probate record and anyone can request a copy from the clerk of court. If your sibling has the original will but refuses to file it with the court, you (as an interested person such as an heir or presumptive beneficiary) can file the will with the probate court yourself and ask the court to admit it to probate. Failing to file a will can have legal consequences for the person who hides it.
• Trusts: A living trust may remain private after death if it does not enter probate. However, if you are a beneficiary of a trust, trustees typically owe duties of disclosure and must provide beneficiaries with information about trust administration. If a trustee refuses, you can petition the court for an accounting, for an order compelling disclosure, and for other remedies (including removal of the trustee) if the trustee breached fiduciary duties.

3) How to compel documents through the South Dakota courts

Practical steps you can take under South Dakota law (or by filing in South Dakota courts):

1. Preserve evidence of your request(s). Send a clear written demand (certified mail or email with read receipt) stating what you want and why you believe you have a right to it. Save copies.
2. If your parent is deceased and you believe a will exists but your sibling won’t produce it, file the original (if you have it) or petition the appropriate circuit court where the decedent lived to have the will admitted to probate. If you do not have the original, you can still notify the court and request the court compel production or accept a copy under evidentiary rules depending on the circumstances.
3. If a trust is involved and you are a beneficiary, send a written request to the trustee for a copy of the trust and for accountings. If the trustee refuses, file a petition in the circuit court requesting an order to provide the trust instrument and accounting, and assert any claims for breach of fiduciary duty or removal as trustee.
4. If you believe your parent was incapacitated or being abused, consult the court about filing for guardianship/conservatorship. That proceeding can give the guardian authority to obtain documents and protect the parent’s estate.
5. If litigation begins, South Dakota civil procedure allows discovery. You can subpoena documents, compel answers to interrogatories, and ask the court to sanction a party who hides relevant documents.

4) Remedies and likely outcomes

The court remedies vary with the facts:

• Order compelling production of the will, trust, or accountings.
• Formal admission of a will to probate, making it part of the public record.
• Accountings from a trustee or estate personal representative.
• Removal of a trustee or personal representative who breaches duties, and potential monetary damages or attorney fees if the court finds wrongdoing.

5) Where South Dakota statutes apply

South Dakota’s probate and trust rules are found in the state codified laws governing probate and trusts. For general reference, use the official South Dakota codified laws: South Dakota Codified Laws. Probate matters (wills, administering estates, admitting wills to probate) are governed by the South Dakota probate statutes (Title 29A under the codified laws). Trust administration and trustee duties are governed by South Dakota’s trust statutes. For court procedures in probate and trust disputes, check the South Dakota circuit court rules and contact the clerk of the court where the estate or trust is or will be administered.

Recommended step-by-step approach

1. Ask your parent directly for the document if they are alive. Get a clear yes/no in writing if possible.
2. Send a written demand to the sibling explaining why you believe you have a right to see the document and giving a short deadline (for example, 14 days). Keep proof of delivery.
3. If parents are deceased and the will has not been filed, contact the local circuit court clerk to learn how to file a will or how to check for an existing probate case.
4. If you’re a trust beneficiary and the trustee refuses, send a written request for the trust instrument and accounting; then consult a probate/trust attorney about filing a petition to compel production and seek remedies.
5. If you suspect elder abuse, incapacity, or fraud, consult an attorney promptly about guardianship/conservatorship and possible emergency filings.

Helpful Hints

• Keep all communications in writing. Dates, copies, and proof of delivery matter in court.
• If your parent is alive, the parent controls whether a private estate plan gets shared. Persuade the parent to authorize sharing or to sign a release to you or the parent’s attorney.
• If a will is missing at the parent’s death, South Dakota law provides ways to present and prove copies or to seek the court’s help — do not assume absence of a will means intestacy without checking with the court.
• Trust instruments often include specific notice or disclosure provisions. Read any trust-related notices you already received; they sometimes state when beneficiaries get copies or accountings.
• Consult a local probate/trust attorney early. These matters are fact-sensitive and an attorney can evaluate whether to file a petition, request emergency relief, or pursue discovery and damages.
• Be mindful of cost: court petitions and lawsuits have filing fees and attorneys’ fees. Some statutes and trust provisions allow recovery of attorney fees to the prevailing party where a fiduciary breached duties.

Disclaimer: This article explains general legal concepts under South Dakota law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your facts, consult a licensed South Dakota probate or trust attorney.

For more information on South Dakota statutes, see: South Dakota Codified Laws.