Detailed Answer: Can I force my sibling to give me a copy of our parents’ estate plan in Colorado?
Short answer: It depends on whether your parents are alive, incapacitated, or deceased and on what document you want (will, trust, power of attorney, health care directive). If your parents are alive and competent, they control who sees their estate plan. If a document names your sibling as a trustee, agent, or personal representative, that role creates legal duties that can require disclosure to certain people (for example, trust beneficiaries). If your parents are deceased and the will has been presented to the probate court, the will becomes part of the public probate record. In Colorado, the rules about who can demand what are in the statutes and in court practice; see the Colorado Revised Statutes, Title 15 (Estates, Guardianship and Trusts): https://leg.colorado.gov/colorado-revised-statutes/title-15-estates-guardianship-and-trusts
Key situations and what you can do
1) Parents are alive and competent
Adults have a privacy right in their estate planning documents. Neither you nor a sibling has an automatic legal right to the parents’ will, trust, or powers of attorney while the parents are competent. The practical options are:
- Ask your parents directly and explain why you want a copy. This is the fastest route if they agree.
- Ask your parents to give you a signed written authorization that allows their attorney (or your sibling, if they hold documents) to share copies.
- If your sibling is acting as an agent under a power of attorney or as a trustee, remind them of their fiduciary duties and request the information in writing. Fiduciaries must act in the principal’s or beneficiaries’ best interests.
- If your parents are being financially exploited or your sibling is misusing their authority, you may need to contact Adult Protective Services and/or seek a guardianship or conservatorship through court. Colorado court and protective services can give guidance: Colorado Judicial Branch — Probate/Guardianship resources: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=44
2) Parents are alive but incapacitated (unable to manage their affairs)
If a court has appointed a guardian, conservator, or if someone holds a lawful power of attorney, those decisionmakers have obligations to the principal. You can:
- Ask the guardian/conservator or the agent for a copy and accountings. Agents and guardians generally must keep records and may have to share them with interested persons or the court.
- If the agent or guardian refuses and you suspect abuse, neglect, or mismanagement, you can petition the court that appointed the guardian/conservator or seek to open a guardianship/conservatorship proceeding if none exists.
3) Parent is deceased
When a person dies, a will is usually filed with the probate court in the county where the decedent lived. Filing the will starts probate and makes the will part of the public record. In Colorado, once the will is submitted to probate it becomes available to interested persons through the court. If your sibling refuses to file a will, anyone who knows of the will can present it to the court for probate.
If the estate planning device is a trust rather than a will:
- If you are an identified beneficiary of a trust, Colorado law gives beneficiaries certain rights to information from a trustee. Beneficiaries can request trust terms and accountings; if a trustee refuses, beneficiaries can petition the court for an order to compel disclosure and for an accounting. See Colorado Revised Statutes, Title 15 (Trust rules are in the same title): https://leg.colorado.gov/colorado-revised-statutes/title-15-estates-guardianship-and-trusts
- If you are not a beneficiary, you generally do not have a right to trust documents.
Practical step-by-step approach
- Clarify your goal. Do you need a copy of a will, trust, power of attorney, or an accounting of actions taken on behalf of the parents?
- Send a clear written request to your sibling and to your parents (if possible). Use certified mail or another trackable method and keep a copy. State specifically what you want and why (e.g., “Please provide a copy of any will, trust, power of attorney, or health care directive for Mom and Dad.”).
- If the parents are alive and competent, ask them to sign a release authorizing sharing of documents. If a parent is represented by an attorney, contact that attorney and request a copy (the attorney may require the client’s permission).
- If your sibling claims a fiduciary role (trustee, agent, or executor), request the documents and, if applicable, periodic accountings and an explanation of actions taken. Cite that fiduciaries have duties to beneficiaries/principals under Colorado law and that courts can compel disclosure.
- If the sibling still refuses and the parents are deceased or a trust is involved and you are a beneficiary, consult a Colorado probate/trust attorney about filing a petition in the appropriate county court to compel production or to open probate. If necessary, a lawyer can send a formal demand letter or file a petition to enforce rights in court.
- If you suspect financial abuse or that the parents are being harmed, contact Adult Protective Services and consider emergency court action (temporary guardian/conservator) through the Colorado courts.
What courts can do in Colorado
Colorado courts can compel disclosure, order accountings, remove fiduciaries (trustees, agents, executors, guardians), and award fees or sanctions if a fiduciary abuses their role. If a will exists, the probate process will give interested persons notice and an opportunity to review the will in court. For trusts, beneficiaries can ask the court to require the trustee to provide records and to explain trust administration.
For more information on the statutes that govern wills, trusts, and fiduciary duties, see Colorado Revised Statutes, Title 15: https://leg.colorado.gov/colorado-revised-statutes/title-15-estates-guardianship-and-trusts
What you should NOT do
- Do not attempt to break into a safe, seize documents, or use threats or harassment — those actions can create criminal liability and undermine your position in court.
- Do not rely on hearsay or unverified rumors. Ask for written documents or verified statements.
- Do not ignore statutory privacy and attorney-client privilege limits. Attorneys cannot ethically reveal clients’ private documents without authorization or court order.
Helpful Hints
- Document everything. Keep copies of all written requests, responses, and delivery receipts.
- If parents are capable, an in-person meeting with all children and the parents can sometimes resolve the issue quickly and amicably.
- Ask for a limited authorization from your parents that permits their lawyer or agent to provide you copies — this usually solves the problem when parents agree.
- If you are a trust beneficiary, ask the trustee in writing for a copy of the trust instrument and recent accountings. If the trustee refuses, consult a probate/trust attorney about filing a petition to compel under Colorado law.
- If the parents are deceased and you suspect the sibling is hiding a will, contact the probate court clerk in the county where the parents lived — courts will accept a will presented for probate from anyone who holds it.
- Consider a short consultation with a local probate attorney. Many attorneys offer brief paid consultations that explain your rights and likely next steps under Colorado law.
Resources:
- Colorado Revised Statutes, Title 15 — Estates, Guardianship and Trusts: https://leg.colorado.gov/colorado-revised-statutes/title-15-estates-guardianship-and-trusts
- Colorado Judicial Branch — Probate forms and information: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=44
Disclaimer: This is general information and not legal advice. I am not a lawyer. Laws change and every situation is different. For advice about your specific situation and to learn the best next steps under Colorado law, consult a licensed Colorado attorney experienced in probate, trusts, or elder law.