Inheritance Issues with Siblings.
What are Your Rights
Inheritance issues are inevitable unless you are an only child. As the inheritor, i.e., a beneficiary, you should anticipate anything. That’s either disagreement regarding the selected inheritor, inheritance theft, etc. Suffice it to say you have to be prepared to know your rights as the inheritor and the inheritance rights of other siblings.
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TO BEGIN WITH, WHAT’S THE CAUSE OF INHERITANCE ISSUES?
Inheritance issues with siblings depend on several factors, such as,
- Uncertainties are typical when one dies without a will or has made recent alterations to the will without the presence of a witness. The will shall therefore be perceived as forged. If there is no will, the inheritance will be processed through probate.
- Inequalities – Statistically, unequal distribution of inheritance among siblings is a major cause of disagreements.
- Surprises- Posthumous surprises equal uneasiness. It’s mostly common when the will is changed recently without a witness present or a sibling of half-blood picked at random. Even with the consent of other siblings, greed may sometimes take over. It’s one of the reasons behind inheritance theft.
WHAT ARE YOUR RIGHTS?
Legally, siblings cannot inherit their parent’s property if there’s still a spouse alive. However, if that’s not the case, and they are high up in the inheritance order, they stand to inherit their deceased parents’ or siblings’ property. If there’s only one surviving sibling, they might inherit it fully. If they are four, an equal distribution suffices. The inheritance rights of siblings, as stipulated by the law states,
If they share the same parent, the remaining siblings must share the departed sibling’s inheritance equally. Even half-siblings who are alive can inherit property from their siblings. If there are half-siblings of the deceased, both half-siblings on the maternal and paternal sides of the family should be given equal shares of the property. Now, speaking to a trust and probate litigation attorney is vital due to the many nuances of the law.
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The property will be split equally between siblings connected to two parents, even if one parent has more children than the other. A sibling may inherit property from both sides of their family if they are related to one on each side.
If the property to be inherited, as stated by the will, is to be shared among the siblings, and the siblings are content with the distribution, they have to defend the will. That is if other interested parties are in play and with a notion to go against the will. In that case, you have a right to get to an attorney, check the will’s authenticity, and help you defend against the opposing parties.
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CAN SIBLINGS STEAL INHERITANCE?
Of course, this is the distribution of property and assets; greed is inevitable. In general, family members who steal estate assets are considered criminals. When you suspect theft or have proof they stole your assets from the estate, you may desire to file a case with an estate attorney and ask that your sibling be prosecuted.
In need of an estate attorney? Call Hess-Verdon & Associates today at 949-706-7300.
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JOIN HESS-VERDON CHARITABLE GIVING PROGRAM
ADDRESS
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