How do I force my sibling to give me a copy of our parents’ estate plan in Idaho (ID)? | Idaho Probate | FastCounsel
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How do I force my sibling to give me a copy of our parents’ estate plan in Idaho (ID)?

August 11, 2025 5 min read

Detailed Answer

Short answer: Under Idaho law an estate plan (wills, trusts, powers of attorney) is usually private while a parent is alive. After death, a will generally becomes public only when filed for probate. If your sibling refuses to provide a copy, your realistic remedies depend on whether your parents are alive or deceased, whether you are clearly an interested person (potential beneficiary or creditor), and whether a trust or power of attorney is involved. Practical steps include documented written requests, checking probate filings, and, if needed, filing a petition in Idaho probate court to compel production or to open probate. For general Idaho statutes on probate and trusts, see Idaho Code Title 15: Probate and Trust Law: https://legislature.idaho.gov/statutesrules/idstat/title15/

When parents are alive

Estate plans created while someone is alive (wills, trusts, durable powers of attorney, health care directives) are private documents. A sibling who acts as agent (under a power of attorney) or as trustee has fiduciary duties to the principal or to the trust beneficiaries, but those duties differ by document type:

  • If the parents are competent and refuse to give you a copy, you generally must get the document from the parent or obtain the parent’s written permission. You cannot “force” production from a third party without court intervention.
  • If a parent has lost capacity and the sibling is acting under a power of attorney or as a guardian/trustee, you may request accounting or disclosure from that fiduciary. Idaho law provides procedures for petitions related to guardianship, conservatorship, and fiduciary accounting (see Idaho Code Title 15: Probate and Trust Law: https://legislature.idaho.gov/statutesrules/idstat/title15/).
  • If you suspect misuse of powers or breach of fiduciary duty, you can ask a court to review the actions and to order production. Typical remedies include: petitioning for appointment of a guardian or conservator, asking the court for an accounting, or filing a petition alleging breach of fiduciary duty.

When a parent is deceased

After death, the usual sequence matters:

  • If a will exists, the person who has the original should file it with the probate court in the county where the decedent lived. Once the will is filed for probate, it becomes a public record and copies are available through the court file.
  • If your sibling has a decedent’s original will but refuses to file it, you can file a petition in probate court to have the will admitted to probate or to request appointment of an administrator so that the estate is properly administered. The court can order the sibling to produce the original will. If the sibling destroys or conceals a will, courts can impose sanctions, appoint a special administrator, or impose contempt remedies.

Practical step-by-step plan

  1. Document your formal request. Send a short, professional written demand (certified mail, return receipt) stating who you are, your relationship, and asking for a copy of any estate planning documents, and keep copies of the letter and postal receipt.
  2. Confirm status: Are your parents alive or deceased? If deceased, check the county probate court records where the parent lived to see whether a probate case has been opened and whether a will is on file.
  3. If a parent is alive but incapacitated and the sibling controls the documents or finances, consider filing for an accounting or for guardianship/conservatorship in Idaho probate court. If you suspect financial abuse, gather evidence (bank statements, correspondence) before filing.
  4. If a parent is deceased and the sibling refuses to file a will, file a probate petition yourself asking the court to open probate and request that the sibling be ordered to produce the original will. The court has the power to require production and to appoint an administrator if necessary.
  5. If a trust exists, clearly identify whether you are a beneficiary (or potential beneficiary). Beneficiaries generally have statutory rights to information about the trust and its administration. If a trustee refuses to provide required information, file a petition in probate court asking it to compel disclosure and to review trustee conduct (see Idaho Code Title 15: Probate and Trust Law: https://legislature.idaho.gov/statutesrules/idstat/title15/).
  6. If the sibling destroys or hides documents after a request, notify the court. Courts can impose sanctions and remedy wrongdoing, including ordering the sibling to account for actions and possibly awarding attorney fees.
  7. Get counsel. An Idaho probate attorney can prepare and file petitions, represent you at hearings, and move for temporary emergency relief if needed.

What to expect in court

If you file a petition in Idaho probate court, expect several possible outcomes: the court may order production of the document, admit the document to probate, appoint a special administrator or temporary fiduciary, require an accounting, or find contempt if the sibling refuses to obey court orders. Proceedings and remedies vary by county and by the specific facts. For court rules and forms, consult the Idaho Courts site: https://isc.idaho.gov/.

Evidence and preparation

Collect the following before going to court:

  • Copies of your written requests and proof of delivery (certified mail receipts).
  • Any communications from the sibling about the estate plan.
  • Documents showing your status (e.g., family tree, beneficiary designations if known).
  • Records suggesting parental incapacity or misuse of funds, if relevant.

Key Idaho resources

  • Idaho Code — Title 15 (Probate and Trust Law): https://legislature.idaho.gov/statutesrules/idstat/title15/
  • Idaho Courts (forms and self-help information): https://isc.idaho.gov/
  • Idaho State Bar — Lawyer referral and public resources: https://isb.idaho.gov/

Disclaimer

This article is educational only and is not legal advice. It summarizes general Idaho law and common procedures. Your situation may require analysis of detailed facts and application of specific statutes and local court rules. Consult a licensed Idaho attorney to get advice and representation tailored to your case.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.