Detailed Answer — how to force production of estate planning documents under Alaska law

Short answer: Start with a written demand and documentation. If that fails, use court processes: for a will, initiate probate or ask the probate court to order production; for a trust, pursue the beneficiary’s right to information under Alaska trust law; if the parent is alive and incapacitated, consider guardianship or emergency motions. In many situations you can subpoena documents, ask the court for an order compelling production, and obtain fees or sanctions if the other side refuses.

Step 1 — Identify the document type and the parent’s status

• If a parent is deceased: the key paths are probate for a will, or a court action to compel a trustee to disclose a trust.
• If a parent is alive: determine if the document is active (a living trust, power of attorney, advance directive). If the sibling is using a power of attorney or acting as a trustee/executor, their actions may be subject to immediate court supervision.
• If the document is a trust: Alaska’s trust laws give qualifying beneficiaries a right to information and an accounting from the trustee.

Step 2 — Demand, document, and preserve evidence

Send a clear, dated written demand for copies by certified mail or other trackable method. Keep copies of all correspondence, notes of phone calls, and evidence that you requested the documents and were refused. A documented demand is often required before the court will grant fees or sanctions.

Step 3 — If the parent is deceased: probate rules and compelling delivery of a will

Under Alaska probate procedures, the person in possession of an original will is generally required to present it to the probate court or to the appropriate person. If someone refuses to produce a will, you can petition the probate court in the decedent’s last domicile to:

• Request that the holder deliver the original will to the court for probate.
• File a petition asking the court to order production and to impose sanctions or contempt if the custodian refuses.
• If you know or reasonably suspect the will has been destroyed or hidden, ask the court to order an accounting or a protective order and to appoint a special administrator if needed.

See Alaska probate statutes and court probate procedures for filing requirements and deadlines: Alaska Statutes, Title 13 (Probate, Estates, and Trusts) — https://www.akleg.gov/basis/statutes.php?title=13 and Alaska Court System probate information — https://www.courts.alaska.gov/shc/probate.htm

Step 4 — If the document is a trust: beneficiary disclosure and accounting rights

Alaska follows a trust code that gives trustees specific duties to provide information and accountings to beneficiaries. If your sibling is the trustee and refuses to provide trust instruments or accountings, you can:

• Request written disclosure of the trust instrument and recent accountings.
• If refused, file a petition in the appropriate Alaska court to compel disclosure, demand an accounting, and seek removal of the trustee or damages for breach of fiduciary duty.

Refer to Alaska trust provisions in Title 13 of the Alaska Statutes: https://www.akleg.gov/basis/statutes.php?title=13

Step 5 — If the parent is alive but incapacitated or at risk

If your parent is alive and the sibling is withholding important documents (powers of attorney, health care directives) while acting in a way that harms the parent’s interests, you can:

• Ask the court for emergency relief or petition for guardianship/conservatorship to protect the parent’s person or estate.
• Seek an accounting or an order requiring surrender of financial documents from someone who claims authority under a power of attorney but is misusing it.

Step 6 — Discovery tools, subpoenas, and motions to compel

If you have already started litigation or probate proceedings, use discovery tools (requests for production, depositions, subpoenas duces tecum) and ask the court to compel production. Courts can impose sanctions, award attorney fees, or hold parties in contempt for willful refusal to obey discovery orders or court subpoenas.

Consult Alaska civil and probate rules for procedure: Alaska Rules of Civil Procedure and the probate practice information at the Alaska Court System — https://www.courts.alaska.gov

Step 7 — When to consider filing a lawsuit

If informal requests and court petitions fail, litigation may be necessary to:

• Compel production of the original will or trust instrument.
• Pursue claims for breach of fiduciary duty, conversion, or intentional interference with inheritance.
• Seek removal of an executor or trustee and recovery of lost assets or fees.

Practical timeline and cost considerations

Quick steps like a certified-demand letter and contacting the probate clerk are low cost. Filing petitions, subpoenas, and litigation can be expensive and take months. Courts sometimes order the losing side to pay fees if the refusal to produce was unreasonable — preserving your demand evidence helps that argument.

When to get a lawyer

You should consult an Alaska probate, trust, or elder-law attorney if:

• The sibling refuses to produce documents despite a written demand.
• Large assets are at stake, or there are allegations of misconduct.
• You need to file petitions in probate court, pursue an accounting, or seek removal of a trustee/executor.

Resources: Alaska Statutes, Title 13 — https://www.akleg.gov/basis/statutes.php?title=13; Alaska Court System probate information — https://www.courts.alaska.gov/shc/probate.htm

Helpful Hints — practical tips to increase your chances of success

• Put your request in writing and send it by certified mail; keep the return receipt and copies.
• Be specific in your demand: name the documents (original will, trust agreement, durable power of attorney, health care directive) and give a reasonable deadline to respond (e.g., 14 days).
• Check whether your parent named a backup location (attorney, bank safe deposit box). Contact any known estate attorney who may have the file.
• Contact the probate clerk in the county where your parent lives for guidance on filing to examine or admit a will to probate.
• If the sibling is the personal representative or trustee, demand an accounting in writing — fiduciaries have ongoing duties to beneficiaries.
• If there is an urgent risk of asset loss or elder abuse, ask the court for emergency relief or contact adult protective services.
• Preserve evidence of refusal — screenshots, voicemails, and dated messages — to support motions for sanctions or attorney fees.
• Consider mediation as a lower-cost, faster alternative to full litigation if your sibling will engage in negotiation.
• Ask about fee-shifting in Alaska statutes or rules; courts sometimes award attorney fees when a party refuses a reasonable demand for documents.

Important: This discussion summarizes common legal paths under Alaska law and points to Alaska statutes and court resources (Alaska Statutes, Title 13: https://www.akleg.gov/basis/statutes.php?title=13; Alaska Court System probate information: https://www.courts.alaska.gov/shc/probate.htm). It is for education only and is not legal advice. Consult a licensed Alaska attorney to evaluate your specific situation and start any court action.