Detailed Answer
Short answer: Your options in Wyoming depend on three key facts: whether your parents are alive and competent, whether the document is a will or a trust, and whether you are a named beneficiary or have another legal interest. If your parents are alive and competent, they control disclosure. If a parent is deceased, a will normally becomes a public document once filed for probate and any named beneficiaries can obtain copies from the court. If the document is a trust, beneficiaries and certain interested persons usually have statutory rights to information from the trustee. When a sibling refuses a reasonable request, you can try non‑court steps first (ask the parent or the drafting attorney, send a written demand, mediation) and, if necessary, file a court petition to compel production, seek an accounting, or pursue guardianship or other remedies in Wyoming courts.
Why the answer depends on the situation
Different rules apply to wills, trusts, and powers of attorney:
- Wills: While the testator (your parent) is alive, their will is private. After death, an original will is typically submitted to the district court for probate; probate filings and court records are public, so beneficiaries and other interested parties can obtain copies from the court clerk.
- Revocable trusts: A revocable living trust is private while the settlor (your parent) is alive and competent. Once the settlor dies or the trust becomes irrevocable, many states permit beneficiaries to request copies and accountings from the trustee; if the trustee (for example, your sibling) refuses, a beneficiary can ask the court to compel disclosure and accounting.
- Powers of attorney and medical directives: These documents also belong to the principal (your parent). If the principal is incapacitated and the sibling is using a power of attorney or acting as agent/guardian, you may have standing to seek court review or guardianship proceedings if you suspect abuse or mismanagement.
Practical steps to try before going to court
- Ask your parents directly (if they are competent). They control who sees their estate plan. A direct, respectful request is often the quickest route.
- Contact the drafting attorney. If you know who prepared the plan, that attorney can tell you whether your parents authorized disclosure and may provide copies with their permission.
- Send a written demand to your sibling (preferably by certified mail). State what you are asking for and why you believe you have a right to see the document (for example, you are a named beneficiary or potential heir). Keep copies of all communications.
- Consider mediation or a neutral third party if family communications are strained. Mediation can sometimes resolve disputes without court intervention.
When to consider a court filing in Wyoming
If informal approaches fail, Wyoming law provides court remedies. The exact remedy depends on the circumstances:
- If the parent is deceased and a will exists: The person holding the original will has an obligation to present it to the district court for probate. If the holder refuses, an interested person may petition the court to locate and admit the will. After probate filing, the probate file is public and copies are available from the clerk of district court. For information about Wyoming probate procedures and courts, see the Wyoming Judicial Branch: https://www.courts.state.wy.us.
- If the document is a trust and you are a beneficiary: Trustees generally must provide beneficiaries with certain information and accountings. If a trustee (for example, your sibling) refuses, a beneficiary can petition the court to compel disclosure, require an accounting, or seek removal of the trustee for breach of fiduciary duty.
- If a parent is incapacitated and you suspect misuse of authority: You can petition the Wyoming district court to appoint a guardian or conservator, or to review a guardian/agent’s conduct. Emergency petitions are available when immediate action is needed to protect assets or health.
How a Wyoming court can help
Possible judicial remedies include:
- Orders compelling production of wills, trust documents, or accountings.
- Orders requiring the sibling to file the original will with the court for probate (after death).
- Removal of a trustee or guardian for breach of fiduciary duty, plus damages or surcharge.
- Sanctions or contempt if the sibling disobeys court orders.
Where to find Wyoming statutes and court rules
Use the Wyoming Legislature website to search statutes and the Wyoming Judicial Branch website for probate/guardianship forms and local procedures:
- Wyoming Legislature: https://wyoleg.gov
- Wyoming Judicial Branch (courts, probate information, local clerks): https://www.courts.state.wy.us
If you intend to file in court, check the district court rules and contact the clerk’s office in the county where the parent resides (or resided) for local filing requirements.
Helpful Hints
- Document everything: keep copies of written requests, certified mail receipts, emails, and notes of phone calls.
- Confirm whether the parent is alive and legally competent before demanding documents. Competent adults decide who sees their private documents.
- If a will exists and the parent dies, look to the county district court for probate filings and copies of the will.
- If the matter involves a trust, identify whether the sibling is acting as trustee. Beneficiaries commonly have rights to a copy of the trust and periodic accountings; a court can enforce those rights.
- If you suspect financial exploitation or that a sibling is misusing a power of attorney, guardianship, or trusteeship, gather evidence (bank statements, unusual transfers, witness statements) and consider an emergency petition to court.
- Before filing, consider a quick consult with a Wyoming probate or elder‑law attorney to discuss strategy and local filing practices. You can find a Wyoming attorney via the Wyoming State Bar (https://www.wyomingbar.org).
- Keep emotions separate from evidence. Courts focus on legal rights and duties, not family disputes alone.
Next practical step
If you want a concrete plan: (1) ask the parent directly if competent; (2) contact the drafting attorney if known; (3) send a written demand to your sibling and keep records; (4) if those fail and the situation warrants it, consult a Wyoming probate attorney about filing a petition to compel disclosure, request an accounting, or pursue guardianship or removal of a fiduciary.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws vary by state and by factual circumstance. Consult a qualified attorney licensed in Wyoming to discuss your specific situation.