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

Short answer

If your parents are alive, you generally cannot force a sibling to hand over private estate planning documents; those documents belong to the parents. If a parent has died, important estate documents (like a will) must be submitted to probate and will become part of the public record—so you can ask the probate court to locate or require filing of the will. If the document is a trust and you are a beneficiary, a trustee has legal duties to provide certain information. In any situation, there are court-based remedies you can pursue in Wisconsin, but the correct path depends on whether the parents are alive, incapacitated, or deceased and on the type of document (will, trust, power of attorney, etc.).

Detailed answer — what matters and what you can do (Wisconsin)

1) Are your parents alive or deceased?

This is the most important initial question because the law treats pre-death and post-death documents differently.

Parents are alive

When parents are alive and competent, their estate plan (wills, trusts, powers of attorney, advance directives) is their private property. A sibling who has copies does not automatically have to provide them to you. Options when parents are alive:

• Ask the parents directly and explain why you want copies.
• Ask the sibling politely in writing and keep a record (date-stamped letter or email; send by certified mail if you want proof of delivery).
• If you suspect financial abuse, undue influence, or that a parent is incapacitated and the sibling is taking control improperly, you can raise the concern with Adult Protective Services or petition the court for a guardian or for protective proceedings. A guardian or conservator (or court-appointed evaluator) may gain access to financial documents.
• If the sibling is acting as a trustee or agent and you are a beneficiary of a trust or the principal’s intended beneficiary, Wisconsin trust law and fiduciary duties may require some disclosure of trust administration and financial information to beneficiaries—so you may be able to demand accountings or information from the trustee.

Parents are deceased

After a death, the legal routes are clearer:

• If there is a will: In Wisconsin, a will that is intended to be probated should be filed with the probate court in the county where the decedent lived. Once filed, the will becomes a public record and interested persons can obtain a copy. If your sibling has the original will and refuses to file it, you can file a petition with the probate court asking the court to require production or to allow probate based on copies and evidence of the will’s existence. The court can take steps to locate and admit a will to probate.
• If there is a trust: Revocable trusts often avoid probate and may remain private after death. If you are a beneficiary of a trust, Wisconsin law generally imposes duties on trustees to provide certain information and accountings to beneficiaries; if the trustee (possibly your sibling) refuses, you can file a petition in court to compel an accounting or to enforce trustee duties.

2) Practical step-by-step actions you can take now

1. Clarify what you want and why. Do you need the original will, a copy of a trust, or proof of who the beneficiaries are? Different documents lead to different remedies.
2. Make a written request and keep records. Draft a concise, civil letter asking for a copy; send it by certified mail and keep a copy. This creates documentation of your attempt to resolve the issue out-of-court.
3. Ask your parents (if they are able) to give you a copy or to authorize disclosure. If your parents sign a release or tell the sibling to provide copies, that often resolves the issue quickly.
4. If parents are incapacitated and you suspect wrongdoing, contact Adult Protective Services or consult a lawyer. If the sibling is misusing power of attorney or committing financial abuse, agencies or court actions can intervene.
5. If a parent has died and the sibling will not file the will, file a petition in probate court. You can petition the circuit court in the county where the decedent lived to probate the will or to locate the will. The court can issue orders compelling production or admitting secondary evidence if the original cannot be produced.
6. If the document is a trust and you are a beneficiary, demand an accounting and, if refused, file in court to compel trustee disclosures and remedies for breaches of fiduciary duty.
7. Consider a limited-scope consultation with a Wisconsin probate/estate attorney. An attorney can evaluate whether immediate court action (petition to probate, petition for production, or a claim for breach of fiduciary duty) is appropriate. Many attorneys offer short consultations or limited help for discrete tasks.

3) What courts and agencies can do

• Probate courts can require the production of wills, admit wills to probate (even if the original is missing in some circumstances), and resolve disputes about estate administration.
• Courts can order trustees to produce accountings and documents and can remove trustees or award damages for breaches of fiduciary duty.
• If someone is withholding documents in violation of a fiduciary duty (for instance, a trustee hiding trust records from beneficiaries), the court can hold that person in contempt and impose remedies.

4) Documentation to gather before you act

Collect anything that helps show the existence of the estate documents or your interest:

• Correspondence with the sibling or parents about the estate plan
• Copies of any letters, emails, or text messages where the sibling admits to having the documents
• Evidence of the parents’ death (death certificate) if applicable
• Information showing you are an interested person (relationship, potential beneficiary status)

5) Where to find forms and more information

Wisconsin’s official statute library and court pages provide resources for probate and trust matters. Useful starting points:

• Wisconsin Statutes (searchable): https://docs.legis.wisconsin.gov/statutes/
• Wisconsin Court System — forms and probate information: https://www.wicourts.gov/forms1/circuit/index.jsp
• State Bar of Wisconsin — for lawyer referral and consumer information: https://www.wisbar.org/

When to get a lawyer

Consider hiring a Wisconsin probate or trust attorney if:

• You need to file for probate or petition the court to compel production of a will.
• You are a trust beneficiary and the trustee refuses to provide required information or accountings.
• You suspect financial abuse, undue influence, or misconduct by the sibling in control of your parents’ affairs.
• There is a dispute likely to result in court litigation.

Helpful hints

• Always start with a calm, written request. Courts like to see efforts to resolve disputes before litigation.
• Keep copies and proof of all communications (certified mail receipts, emails, texts, and notes of phone calls).
• Don’t destroy or alter original documents; preserve any originals you lawfully possess and note their chain of custody.
• If you are a beneficiary of a trust, ask specifically for an accounting and a copy of trust provisions relevant to your interest.
• If you suspect immediate financial harm to a parent, contact Adult Protective Services and consider emergency court action to protect assets.
• Research county probate court procedures where the parent lived—local rules and filing practices differ by county.
• Consider mediation or family dispute resolution before or alongside court action to reduce cost and acrimony.

Takeaway

You cannot normally force a sibling to hand over private estate planning documents while your parents are alive and competent. After a parent’s death, probate procedures and trustee duties provide legal avenues to obtain copies. The exact remedy depends on the type of document and the facts. If informal requests and written demands fail, a petition in Wisconsin circuit court (probate or trust litigation) is the usual next step.

Disclaimer: This article explains general information about Wisconsin law and is not legal advice. It does not create an attorney–client relationship. For advice about a particular situation, consult a licensed Wisconsin attorney.