Problems with Siblings When Settling an Estate

Problems with Siblings Settling Estates

Many potential problems can arise when an estate is divided among siblings in California. The most common issues that arise during probate include:

• A sibling has stolen money or assets from the inheritance.
• One sibling is receiving more than the other siblings.
• One sibling takes advantage of another sibling’s trust, power of attorney, or guardianship.
• One sibling cannot make decisions about their inheritance.

When these issues arise, it can be problematic for all parties involved. The person who has been wronged generally wants justice and restitution from the other party. In many cases, you can always find a solution without court intervention. However, there are some situations when legal action may be necessary when the dispute cannot be resolved through negotiation with your sibling.

Inheritance disputes between siblings

Navigating inheritance disputes among siblings requires an in-depth knowledge of a deceased’s will or trust document and asset distribution details, in particular. Care should be taken in reviewing such documents so all parties clearly understand their intentions – adhering to them not only allows for a fair resolution but can help preserve familial bonds during such trying times.

Estate disputes between siblings

Sibling disputes over estates can escalate to court. However, a will can’t be contested just for being unfair. Valid reasons include proving undue influence or the testator’s incapacity at the time of signing.

How to protect your inheritance from siblings

To safeguard your inheritance from siblings: Parents should clearly state wishes in a will. Consider establishing trusts. Appoint a non-sibling as executor or trustee. Consider gifting assets during one’s lifetime. After a parent’s passing, siblings can seek mediation, divide liquidated assets, and consult an independent fiduciary.

Inheritance issues with siblings

How can siblings address disputes over inherited property? When one sibling occupies inherited property and declines to sell, others may seek legal action, like a partition lawsuit, to compel a sale. While individuals can’t be forced into ownership, they can be legally mandated to sell, ensuring all parties’ rights are protected.”

What are Your Rights?

• Heirs have a right to see the will and other estate documents.
• Heirs have a right to require the executor must keep track of all assets, debts, and taxes paid during probate.
• You can contest a will. If you think your sibling’s actions in managing the estate are unethical, you as an heir may have a case against them.
• In the absence of a will, legally adopted children can inherit the same as natural children, provided they were legally adopted before the decedent’s death.
• If a sibling receives an unfair share of an estate, they may take legal action and sue their other siblings.
• Anyone can sue at any time for any reason. However, if you want to win in court, you’ll need to provide evidence supporting your claim.

How to protect your inheritance from siblings

Parents can help protect inheritances from sibling disputes by creating clear wills, setting up trusts, appointing non-sibling executors or trustees and making gifts during their lives. After passing, siblings should consider mediation, asset liquidation for equitable distribution and employing an independent fiduciary to oversee estate matters efficiently and impartially – these steps will ensure equitable asset distribution while minimizing familial conflicts.

Talk to other siblings about your concerns.

People’s biggest mistake is not sharing their concerns with the other heirs. Heirs often wait too long to talk to each other. Then they become angry and less trusting when they finally have that conversation. That makes it harder to resolve any issues.

Determine what’s important and what’s negotiable

For example, if you have a sibling who always played the piano or loved art, you might be willing to let them keep those items rather than having everything divided equally among siblings.

Consider using an arbitrator or mediator before a court.

Many family members will compromise if they sit down and talk it out with someone objective. If you’re expecting a conflict, consider hiring a mediator before any potential legal battles begin.

Are you considering legal actions against siblings during probate?

Whether you’re in the middle of an ongoing dispute with a sibling who has been appointed as trustee or executor, or you have just found out that your parent has passed away and that they left everything to one sibling, it’s important to take action quickly. As soon as you realize there is a problem with how the estate is being managed, it’s time to talk to an experienced probate attorney who can help you understand your options and take appropriate steps to address the situation.

California inheritance law provides protections against siblings who exhibit selfish and greedy behavior. You may be able to bring legal action against a sibling for any of the following reasons:

1. Did they Forge the will?

If you have evidence that your sibling forged the will or had a role in forging it, you may have a cause for action. In California, you will need strong evidence to prove that your sibling forged the will.

1. Did the Sibling Use Undue Influence?

If your sibling used undue influence to manipulate a loved one into changing their estate plan, you might have a cause of action under California inheritance law. The critical question is whether there was an opportunity for undue influence and whether a confidential relationship existed between the deceased and your sibling.

1. Did the Sibling Act Improperly as an Executor, Trustee, or Agent Under a Power of Attorney?

Suppose your sibling took advantage of their position as executor, trustee, or agent under a power of attorney. In that case, they may be held accountable for their actions under California inheritance law. You must prove that they abused their position and acted in bad faith to prevail on this claim.

1. Did the Sibling Act Improperly as a Guardian or Conservator?

If you suspect that your brother or sister acted improperly while serving as guardian or conservator of your parent, you may be able to sue him/her. You would have to prove that they violated their fiduciary duties.

A fiduciary duty is an obligation to act in another person’s best interests and not in one’s own self-interest. If you can demonstrate that your brother or sister breached this duty, you may be able to sue him/her for elder abuse.

How to Sue A sibling

Find an attorney who specializes in probate or trust litigation. You will need to provide a copy of the will and trust documentation to your attorney.

At Hess-Verdon law firm, experienced probate and trust attorneys will help review your options for filing a suit.

Next, we will help you file the petition to dispute the will or trust in the appropriate court department. For this, we will work with you to prepare sufficient evidence such as:

• Proof that you are a beneficiary of the estate.
• Proof that your sibling breached his fiduciary duty as an executor or trustee.
• Proof that your sibling acted fraudulently, such as by forging a document or making false statements concerning the terms of the estate planning documents.

Taking siblings to court: What to Expect

The legal process of disputing an inheritance is relatively predictable. If you sue a sibling over an estate, here are the things you can expect to happen:

The case will be heard in a state probate court.

In California, the probate process begins when heirs file a petition with their local superior court. Once we file the petition, the judge takes control of the entire proceeding and handles all aspects of the case. You may have to go through mediation with the other heir.

After filing a petition, many courts require that both parties attempt to resolve their differences through mediation. This is a voluntary process where both parties meet with an unbiased third party, an intermediary between them. The mediator aims to help both parties agree without resorting to trial.

The judge will decide who is entitled to what

If mediation fails or is not required by local rules, your case will proceed to trial before a judge will hear and review evidence from both sides and decide how the heirs should share the inheritance.

How long your case will take

If you’re suing a sibling over an inheritance, it’s essential to understand that litigation can take months or even years. Suppose your sibling, acting as administrator or executor of an estate, has wrongfully excluded you from inheriting your property. In that case, you may be able to take legal action against that sibling and recover what is rightfully yours.Call (949) 706-7300 to set an appointment with us.

Probate Problems with Siblings

Conflict between siblings during probate proceedings is all too common, particularly with uneven asset distribution. When one sibling receives more assets than others – whether justified or not – it can create tensions among them and cause them to take sides in their discussions and seek mediation as soon as necessary in order to settle these matters amicably.

Problems with Siblings Settling Estates

Sibling disputes during the probate process are relatively common. These issues often stem from disagreements over asset distribution, disputes regarding the chosen personal representative, or longstanding family conflicts. Navigating these disputes can be complex, and seeking legal guidance can be beneficial to ensure a fair resolution.

It’s common for siblings to encounter challenges when settling estates. Disagreements can emerge over asset distribution, the choice of a personal representative, or even unresolved family conflicts from the past. Addressing these issues promptly and seeking mediation or legal advice can help ensure a smoother estate resolution process.

What if a sibling will not sign probate

An estate can still proceed through probate even if a sibling refuses to participate. Adequate notification of its opening to all siblings suffices in order to move forward with obtaining letters of administration without their participation.

Siblings contesting a will

Sibling contestations of wills is often contentious. While court decisions typically uphold wills, any disputes between siblings typically fade as time goes on as emotions subside and parties reflect upon what their parent wanted them to do before taking legal steps if necessary.