Legal Action Against Siblings

Taking Siblings to Court Via Legal Action

Siblings contesting the trust? Call Hess-Verdon at (949) 706-7300 handling cases throughout California. Please note the site is not intended to constitute legal advice and thus best to speak to a Hess-Verdon attorney for an attorney-client relationship.

Taking Siblings to Court

Initiating legal action against a sibling can be emotionally challenging. However, many cases involving siblings, especially those involving an inheritance lawsuit, reach settlements outside of trial. Seeking a fair resolution, even through court, can prevent long-term family rifts and ensure all parties feel they received their rightful share or resolution.

In case of theft by a sibling, an experienced trust litigation attorney could be of substantial assistance to help you understand probate law and protect you through legal advice. A trust litigation lawyer will review the estate plan and might be able to recover stolen sums and attorney fees from your siblings by taking siblings to court.

Can I sue my sister for stealing my inheritance?

In California, if you have evidence that your inheritance was stolen, you can seek legal recourse. A probate lawyer can assist in filing a restitution order. You’re not required to handle such disputes on your own; legal professionals can guide you through the process to recover your rightful inheritance.

How to sue for inheritance

If you wish to sue for inheritance, you can file a claim against the estate of the deceased by checking probate court records in their county of residence. If your claim is rejected by the estate’s personal representative, you have the option to file a lawsuit in civil court against the estate.

MY SISTER OR BROTHER IS SUING ME FOR TRUSTEE REMOVAL

Do siblings have any legal rights?

Siblings to have legal rights as it pertains to a Trust and Will after a parent’s death. If the trust has not excluded them, the sibling, now a beneficiary, is protected by probate code to exercise their legal rights. If mentioned in the trust, siblings have the legal right, including the request to have a copy of the trust.

Can I sue my sister for stealing my inheritance?

If a sister or brother is stealing from an estate, there are penalties for stealing from an estate. Contact a probate litigation attorney or trust litigation attorney depending on the case. Hess-Verdon & Associates can handle probate and trust litigation matters. Call 888-318-4430 to speak with an attorney today.

Can you sue a sibling for inheritance?

Is it possible to sue a sibling over inheritance? Yes, siblings can challenge a will’s validity. Grounds for invalidation include the deceased’s mental incapacity, like Alzheimer’s or dementia. Additionally, wills lacking the required number of witness signatures can be contested. Legal action can be taken to ensure rightful inheritance distribution.

If a sibling was left out of a Trust or Will, there are options to protect their legal rights. Speaking with a trust attorney is advisable to understand the situation and determine the best course of action. As a trustee, you can also learn about problems with siblings when settling an estate.

Inheritance Theft by Siblings

Whether it’s a will or trust, a brother or sister may try to steal from you or disadvantage you through fraud and malicious suits based on inherited property. If a beneficiary or even a trustee is overstepping their boundaries, Hess-Verdon law firm can help mitigate loss by issuing court orders.

It’s important to remember that you have the power to decide how to act regardless of what your brother or sister did. Work with an objective third party, such as an experienced trust litigation attorney well versed in trust litigation, to guide the process and make well-informed decisions.

Hess-Verdon estate litigation lawyers protect your rights in and out of court, ensuring that you and your family are protected from inheritance theft.

Legal Action Against Family

Siblings who steal property from an irrevocable trust are generally prosecuted as civil offenders. However, you can request legal action if you suspect theft or have evidence that your brother or sister has stolen your inheritance or assets.

Though it is uncommon for our clients to jail their siblings, it is an option. We can bring up charges to force a sibling to return stolen assets or your inheritance from the estate. Although mediation and other out-court dispute resolution measures may help, sometimes, the only way to protect your rights is through litigation.

A letter, even one written by a lawyer, may sound nice, but it accomplishes nothing. It is only through court orders that can force action. Only through filing a lawsuit can you obtain a court order. You have no choice but to go to court if your sibling ignores your letters and written requests.

Unlawfully drafted wills or trusts should not be used. In the case of a Will, specific conditions must be met before a Will can be legally validly signed.

You Can Sue Your Brother or Sister if:

They exercised undue influence on the trustor: If you suspect that they exerted influence over the trust, there are legal grounds to challenge the trust’s validity or will. Their undue duress may have caused the will or trust creator to act in his favor against their better. In other words, the parent made a Will or Trust, having been unduly influenced and reflecting the other person’s wishes instead of using their judgment.

They are blocking executor/ trustee duties: Executors and trustees have a fiduciary duty to act in the interest of beneficiaries. If your brother or sister stops their duties, e.g., accounting, reporting, and distributions, you have grounds to take legal action. You can file a suit to have the trustee or executor removed if they are in collusion with the greedy sibling.

They are blocking liquidation: Jointly held inheritance raises even more challenges in terms of sibling rivalry. For example, if your brother or sister doesn’t want to sell a jointly owned asset, say a home, you can get a court order to have it liquidated via a petition to partition.

You Need Professional Legal Defense if:

• Your brother or sister falsely accuses you of having undue influence over the trust.
• You don’t want to be placed in a position to liquidate jointly held inheritance of sentimental value to you.

How to deal with greedy family members

Find evidence

Be sure that you can prove their theft or attempts to steal your inheritance. Work with a trust litigation attorney to compile the evidence you need for your case.

Communicate

Don’t assume that there is wrongdoing until you have proper evidence. Keep communicating till you get the proof you need. Maintain calm and soberness in the process. It can serve you well.

Threaten legal action

If they do not cooperate, inform them that you will file a lawsuit. Tell your sibling that you would prefer to work things out before heading to court.

Go to court

Taking legal action against one’s siblings is very difficult. It would be best to have experienced attorneys that deal with family dynamics in Trust litigation. During the conflict, you must stand up for what your parents intended for you and the beneficiaries.

In any situation where one or more family members are unhappy about the distribution of assets, it is essential to seek the advice and help of an experienced trust attorney. Call Hess-Verdon at (949) 706-7300.