Disclaimer: I am not a lawyer. This article is educational and does not provide legal advice. For specific legal guidance about your situation in Kentucky, consult a licensed Kentucky attorney.

Detailed Answer — How to get a copy of your parents’ estate plan in Kentucky

“Estate plan” can mean different documents: a will, a trust, powers of attorney (financial or health care), and advance medical directives. Each type of document has different rules about who can see it and when. Below is a practical, step-by-step explanation of what you can and cannot force your sibling to turn over in Kentucky, and the legal steps you can take if informal requests fail.

1. Identify which document you need

Will: Typically remains private while the person is alive. The original usually is filed with the probate court after the testator dies to start probate.
Trust: If the document is a trust, the trustee has duties to beneficiaries; beneficiaries often have a right to receive certain information about the trust and copies of the trust instrument in many circumstances.
Power of Attorney (POA) / Advance Directive: These are typically effective while the principal (your parent) is alive. An agent (POA holder) has fiduciary duties to the principal and usually must provide documents on request by the principal or as required by law or contract (e.g., banks).

2. If your parents are alive and competent

– Ask your parent directly. The simplest route is to ask the principal (your parent) to provide a copy or authorize release. If they are competent, they can direct whoever holds the documents (including your sibling) to give you copies.

– Get a written authorization. If your parent wants you to receive copies, have them sign a short written authorization naming you and/or directing the holder to provide copies.

3. If your parents are alive but not competent (incapacitated)

– Determine who has legal authority. If a guardian, conservator, or agent under a valid power of attorney acts for the parent, that person has obligations to act in the parent’s best interest.

– Ask for the document and explain why you need it. If the agent/sibling refuses, request the document in writing and keep a copy.

– Consider a petition to the court. If you believe the agent or sibling is withholding documents improperly, you may petition the circuit court for appointment of a guardian/conservator or to review the agent’s conduct. If a guardian or conservator already exists, you can ask the court to compel the agent to produce records or to remove the agent for misconduct.

4. If your parent is deceased

– Wills: The person who holds the original will should file it with the probate court in the county where the deceased lived. If your sibling refuses to file the will, you (or any interested person) may file a petition with probate court to have the estate opened and to ask the court to require the filing or production of the will. If someone is intentionally concealing a will, a court may issue an order to produce the document and can punish willful noncompliance.

– Trusts: If your parent created a trust and your sibling is the trustee and refuses to provide a requested trust instrument or required accounting, you can demand the documents in writing and, if refused, file a petition in the appropriate Kentucky court to compel disclosure and accounting.

5. Practical legal routes you can take in Kentucky

Written demand: Before filing anything in court, send a clear written demand (signed and dated) to your sibling asking for the specific documents and setting a deadline. Keep proof of delivery.
Attorney demand letter: Having a Kentucky attorney send a demand letter is often persuasive and signals you are prepared to sue if necessary.
File a civil petition for discovery/production: If the sibling refuses after a demand, you can file a lawsuit (for example, a declaratory-judgment action or a petition related to probate/trust matters) and use court discovery rules to subpoena the document. Kentucky courts provide civil procedures and discovery mechanisms for this purpose.
Probate petition: If the will is at issue after death, file a petition in the probate court to open estate administration and ask the court to compel production of the will. If the sibling refuses to produce the original, the court can order production and impose sanctions for refusal.
Guardianship/conservatorship proceedings: If the parent lacks capacity and the sibling is acting as agent improperly, you can ask the court to review the agent’s actions or seek appointment as guardian if that is appropriate.
Mediation or settlement: Sometimes a mediator or a neutral third party can resolve disputes over access without protracted litigation.

Every step you take should preserve evidence (copies of requests, dates, and any responses). Avoid confrontational or aggressive language in writing; keep communications factual and time-stamped.

6. Where to find Kentucky law and local forms

Kentucky Revised Statutes and statutory search: https://apps.legislature.ky.gov/law/statutes/
Kentucky Court of Justice (probate and court procedures): https://kycourts.gov
Contact the Kentucky Bar Association for lawyer referral and resources: https://www.kybar.org

These resources will help you locate relevant statutes and local court forms. If you plan to file in court, a Kentucky attorney can tell you the correct county and statute references to support your petition.

When you can and cannot “force” production

– You generally cannot force production of a private estate planning document while the principal is alive and competent unless the principal authorizes release or a court orders it (for example, after a proper petition showing cause).

– If the principal is deceased, the probate court has authority to require production of a will. If the document is a trust and you are an interested beneficiary, you likely have a stronger claim to see the trust or to receive an accounting from the trustee; the court can enforce those rights.

Helpful Hints

Start with the parent: If they are alive and competent, their direction solves most disputes.
Send a written request and keep proof: Certified mail, return receipt, or another verifiable method creates a record.
Get a lawyer involved early: A short attorney letter can often prompt compliance without court filings.
Preserve evidence of misconduct: If you suspect concealment, fraud, or undue influence, document suspicious actions and communications.
Be careful about accusations: Formal allegations (like undue influence) can escalate disputes; rely on an attorney to evaluate and present evidence to a court.
Use court mechanisms: Probate petitions, trust-accounting petitions, guardianship proceedings, and civil discovery are tools to compel documents when informal steps fail.
Check deadlines: If the parent dies, there are timelines for probate filings and will contests. Ask a lawyer about statutes of limitations and probate deadlines.
Consider mediation: Courts often look favorably on parties who try to resolve disputes without litigation, and mediation can be faster and less costly.

If you want, I can outline a sample written demand you could send to your sibling or provide a checklist of documents and information to gather before you contact a Kentucky attorney.