Can I force my sibling to give me a copy of our parents’ estate plan in Arkansas?
Short answer
If your parents are alive: usually no — you cannot force your sibling to produce private estate-planning documents unless the parents consent, grant you access (for example by signing a release), or the documents give beneficiaries specific inspection rights. If a parent has died: some documents (like a will) generally become public when filed with the probate court; other documents (like revocable trusts, powers of attorney, and advance health-care directives) often remain private unless state law or the document itself provides a right to inspect. In Arkansas, your most reliable routes are: ask the parents directly, ask the parents’ attorney (with permission), or, if a parent is deceased, check with the county circuit court where probate would be filed.
Detailed answer — what Arkansas law and practice mean for you
Estate planning documents typically include wills, trusts, durable powers of attorney, and advance health-care directives. Each document type has different rules about disclosure and public access under Arkansas law and practice.
If your parents are alive
Parents may keep their estate plan private. Arkansas law does not give children an automatic right to copies of living parents’ wills, trusts, or powers of attorney. That means:
- If your sibling obtained copies from the parents, the sibling can generally refuse to share them unless the parents say otherwise.
- You can ask your parents to provide copies or to authorize their attorney to provide copies to you. If the parents sign a release or tell the attorney to share, that is usually enough.
- If your parent lacks capacity and your sibling is acting under a power of attorney or as a guardian, the sibling may have fiduciary duties. If you suspect misuse, you can seek court oversight (for example, petition the court to review the agent’s actions or to remove an agent), but you will need to consult a lawyer and present facts showing harm or mismanagement.
If a parent is deceased
Wills: In Arkansas, an original will is typically filed with the circuit court as part of probate. Once the will is filed for probate, the probate file is a public record and you can obtain a copy from the county circuit clerk. If an executor or person with the will refuses to file it, beneficiaries or interested parties can petition the probate court to open probate and to require production of the will.
Trusts: Revocable trusts are often private and do not automatically become public on a grantor’s death. Whether beneficiaries receive trustee reports or copies depends on the trust terms and applicable trust law. Arkansas has statutes governing trusts and fiduciary duties; beneficiaries often have a right to certain information, but the specifics depend on the trust document and the governing statute.
Powers of attorney and health-care directives: These are generally private while the principal (your parent) is alive. If a power of attorney is being used and you believe the agent is abusing it, Arkansas law allows interested persons to request accounting or petition the court for relief.
Practical steps you can take in Arkansas
- Ask the parents first. If they are capable, request copies directly. That is the simplest solution.
- Ask the parents’ attorney. With the parents’ permission, the attorney can provide copies or confirm what documents exist. If the parents have expressly prohibited disclosure, the attorney may be bound by confidentiality.
- Send a written request to your sibling. Keep a copy. A clear written request creates a record if you later need court help.
- If a parent is deceased, check probate records. Contact the county circuit clerk where the parent lived and ask whether a will has been filed for probate. Circuit court clerks maintain probate records and can provide copies for a fee.
- If a will exists but your sibling won’t file it or produce it, file a petition with the probate court. Beneficiaries or heirs can ask the court to compel production and to open probate.
- If you suspect abuse of power or wrongdoing. If a sibling acting as agent, trustee, or guardian is misusing assets, file a petition in probate/circuit court to compel accounting, remove the agent/trustee, or seek other relief. Keep evidence of suspicious behavior (missing funds, unilateral transfers, secret accounts).
- Consider mediation before litigation. A mediated resolution can preserve family relationships and save time and money. Your county bar or local court may offer dispute-resolution resources.
- Hire an Arkansas attorney if needed. An attorney can evaluate documents, file petitions, subpoena records, or pursue court enforcement. Look for an attorney experienced in probate, trust, and estate litigation in Arkansas.
How to find the right court and records in Arkansas
Probate and estate matters are handled in Arkansas circuit courts. To search for filed wills or open probate matters, contact the circuit clerk in the county where the parent lived. General resources:
- Arkansas Judiciary (information on circuit courts and probate practice): https://www.arcourts.gov/
- Arkansas Legislature (Arkansas Code search and statutes): https://www.arkleg.state.ar.us/
When seeking statutes or detailed statutory language about wills, trusts, or fiduciary duties, use the Arkansas Code search on the Arkansas Legislature website to locate the most current provisions.
When you may have a legal cause of action
You may have grounds to go to court if any of the following apply:
- A person with the original will refuses to file it for probate;
- An agent under a power of attorney or a trustee is misappropriating assets or refusing to provide required accountings;
- A parent lacks capacity and needs a guardian or conservator but you or others are being blocked from information or from raising concerns;
- You are a named beneficiary and the document or state law gives you a right to information that is being withheld.
In those cases, an Arkansas circuit court can order production of documents, impose duties on fiduciaries, and award remedies. Court procedures and required filings vary by county, so local counsel or the circuit clerk can often explain next steps.
Helpful hints
- Keep interactions calm and document everything — dates, times, and what was requested.
- Make requests in writing and keep copies; written requests help if you later go to court.
- Ask the parents for signed permission to obtain documents from their attorney if the parents can make that decision.
- If you think someone is stealing or wasting assets, preserve banking and financial records and speak with an attorney quickly.
- Be aware that trusts can be private; if a trust exists, read its terms to see what information beneficiaries may receive.
- If you file a petition in probate court, expect filing fees and possible deadlines; an attorney can help with forms and service requirements.
- Use mediation or family meetings to reduce conflict when possible — courts can be slow and expensive.
- Search the Arkansas Code and probate rules via the Arkansas Legislature and Arkansas Judiciary websites for statutes and local procedures: https://www.arkleg.state.ar.us/ and https://www.arcourts.gov/.