Detailed answer — how this works and practical steps under Tennessee law

Whether you can force a sibling to give you a copy depends on whether the parents are alive, incapacitated, or deceased, and on what document you seek (will, trust, power of attorney, health-care directive). Tennessee law treats those documents differently. Below are practical, step-by-step options and how they commonly work in Tennessee.

1) Parents are alive and competent

Estate plans created while a person is alive (wills, trusts, powers of attorney, advance directives) are generally private. If your parents are adults with capacity, they alone decide who sees their documents. You can:

• Ask your parents directly for copies and explain why you want them.
• Ask the attorney who prepared the documents to provide or confirm the terms — the drafter may only disclose with the clients’ consent, but they can tell your parents about your request and encourage sharing.
• If you suspect undue influence, incapacity, or financial exploitation, report concerns to Adult Protective Services or local law enforcement. For Tennessee resources see the Tennessee Department of Human Services (Adult Protective Services): https://www.tn.gov/humanservices

2) Parents are alive but incapacitated (no current agent, or agent is refusing)

If a parent lacks capacity and no valid agent exists, or an agent is acting improperly, you may need court action:

• Seek temporary guardianship or conservatorship in the probate/juvenile court in the county where the parent lives so the court can appoint someone to make decisions and obtain the estate-planning records.
• Ask the court to order the agent or third party to produce copies of powers of attorney, advance directives, or trust documents so the guardian or conservator can carry out duties.

Contact the local probate court for forms and procedure. Tennessee Courts: https://www.tncourts.gov/

3) Parent(s) are deceased

When a person dies, an original will that is offered for probate generally becomes part of the public record once filed in the probate court. If you believe a sibling holds the original will and refuses to hand it over, your options include:

1. Search public probate records for a filed will. Most counties have a probate office where you can ask whether a will has been opened. Use Tennessee Courts to locate the proper court: https://www.tncourts.gov/
2. If the will has not been filed and the sibling has the original will, you (or any interested person) can present the will to the probate court and ask the court to admit it to probate. The court will hold proceedings to determine validity and notify interested parties.
3. If the sibling refuses to produce the original will, you can ask the court for an order to compel production or file a civil action to recover the original document. Courts can use discovery tools, motions to compel, and sanctions (including contempt) where a party refuses to comply with court orders.
4. If you believe the sibling destroyed or concealed a will, you can raise that before the probate court. The court may infer intent from conduct and can admit a copy if the original cannot be found and the evidence supports the will’s terms.

For general Tennessee probate rules and statutes, see the Tennessee General Assembly site (Tennessee Code Annotated) at https://www.capitol.tn.gov/ and the Tennessee Courts public resources at https://www.tncourts.gov/.

4) Practical sequence of actions to take now

1. Identify the document you want (will, trust, POA, health-care directive) and whether the parent is alive or deceased.
2. Make a written request to the sibling for the document. Send the request by email and by certified mail so you have proof of the demand and the date. Keep copies of every communication.
3. Contact the attorney who drafted the estate plan (if known). An attorney may not provide copies without client authorization, but they can confirm whether a will has been filed or suggest next steps.
4. If the parent is deceased and the will is not filed, present the will to the probate court yourself or ask the court to order production. If court assistance is necessary, file a petition in the appropriate county probate court. Tennessee Courts: https://www.tncourts.gov/
5. If a court order to produce the document is ignored, ask the court to enforce the order and consider sanctions such as contempt. Your lawyer can file the necessary motions.
6. If you suspect wrongdoing (destruction, hiding, undue influence, financial exploitation), preserve evidence and consider filing a petition arguing those points. The court can examine credibility, intent, and whether to admit a copy.
7. Consult a Tennessee probate attorney. A lawyer can draft demand letters, prepare petitions, and represent you in court. If cost is a concern, many probate attorneys offer an initial consultation and may work on limited-scope representation.

Costs, timing, and standing

Court matters cost time and money. Probate filings and motions have filing fees. Courts notify interested parties and schedule hearings. The sooner you act after a parent’s death, the better — delays can complicate evidence and claims.

Where to find Tennessee statutes and court forms

• Tennessee Code and statutes (Tennessee General Assembly): https://www.capitol.tn.gov/
• Tennessee Courts (probate information, court locations, and forms): https://www.tncourts.gov/
• Tennessee Department of Human Services (Adult Protective Services): https://www.tn.gov/humanservices

Helpful hints

• Always document requests in writing. Emails and certified mail receipts create proof a demand was made.
• Ask the drafting attorney for help. The lawyer can sometimes persuade your sibling or provide information about whether documents exist.
• If parents are alive, respect their privacy while calmly explaining why you want a copy (medical decisions, financial oversight, peace of mind).
• If you suspect incapacity or exploitation, contact Adult Protective Services quickly. Early intervention helps protect vulnerable adults.
• Search probate court records before filing suit. If a will is already filed, you can get a copy from the court docket without involving the sibling.
• Keep communication civil. Courthouses are not required to weigh in on family disputes until someone asks the court to act formally.
• Talk to a Tennessee probate attorney early to learn deadlines, likely costs, and your odds of success based on the facts you can document.