Losing a parent or loved one is hard enough on its own, but probate can become even more stressful when family members begin fighting over an inheritance. You might even find yourself wondering, “How do I handle an inheritance split between feuding siblings?” Unfortunately, arguments among siblings over money, belongings or real estate are quite common. However, disputes can quickly turn into protracted legal battles if proper precautions are not taken.
Knowing your legal rights, what executors/trustees should do and when to follow the estate plan can help reduce unnecessary conflict and keep things moving.
Why Do Inheritance Disputes Happen?
Many fights among siblings revolve around deeper family issues rather than the desire for money. During times of grief, hurt feelings can run high and old disagreements between brothers and sisters may come back to the surface. Maybe one sibling feels they did more to help care for the parent, or another believes the estate was not divided correctly.
Sometimes, disputes are caused by ambiguous estate planning documents, mismatched beneficiary designations or forgotten belongings of high sentimental value. No matter the cause, making rash decisions based on emotion can cause even greater complications when administering an estate.
The Estate Plan Should Guide the Distribution
If someone passes away with a valid will or trust, then those documents will generally dictate who receives what. Rather than trying to appease each family member, an executor or trustee has a legal duty to follow the estate plan. If the will or trust specifically states who gets certain property, then those instructions should be followed.
Although some beneficiaries might disagree with the decedent’s decisions, administering the estate according to the plan provides clarity and helps avoid additional uncertainty.
Communication Can Prevent Bigger Problems
Communication is one of the best ways to prevent family disputes from escalating. Beneficiaries should be informed about what is happening, when they can expect to receive their inheritance, and any major decisions that must be made on behalf of the estate.
The majority of estate disputes come from family members feeling like they are not being heard. Sending periodic updates, responding to reasonable requests for information and explaining legal obligations can help avoid suspicion and prevent future disputes.
What Happens If Siblings Cannot Agree?
Despite your best efforts, there will be times when two siblings simply cannot come to an agreement. If everyone is acting in good faith, there are legal alternatives that can help move the process forward.
These options can include:
- Mediation by a third party
- Court intervention to clarify estate matters
- Professional appraisal of valuable assets
- Liquidating assets and splitting proceeds
- Judicial intervention if a dispute turns into a lawsuit
Mediation can allow families to reach agreements without the costs associated with litigation.
Dividing Sentimental Property
In many inheritance disputes, family members fight over property with more sentimental than monetary value. Pictures, jewelry, furniture, collectibles, and family heirlooms can cause intense conflicts if multiple children have personal attachments to the items.
If not addressed by the estate plan, families can take turns choosing items, trade with one another, or utilize a mediator. Preserving family relationships and staying level-headed will always produce better results than lawsuits.
The Executor Must Remain Neutral
Being named as an executor is difficult when the beneficiaries are fighting siblings. An executor has a fiduciary responsibility to administer the estate impartially and in accordance with state law. Showing favoritism to one sibling, hiding information, or making independent decisions can open the executor up to legal liability.
Keeping accurate records, staying transparent, and consulting with a probate lawyer are all ways to help ensure an executor is doing their job correctly.
When Legal Representation Becomes Important
While some sibling squabbles can be solved with open communication, others may involve accusations such as undue influence, lack of capacity, improper asset transfers, or an invalid will/trust. These complex issues generally require legal intervention to protect everyone’s rights and interests.
Estate planning and probate lawyers can help you understand legal documents, explain a trustee’s duties, mediate family disputes, and provide litigation support if necessary. Sometimes an initial consultation is all that is needed to avoid costly and unnecessary lawsuits.
Steps That Can Reduce Family Conflict
Every family situation is different, but most probate contests can be avoided by following these best practices.
Steps to avoid conflicts:
- Abide by the terms of the will or trust
- Keep meticulous financial records
- Communicate with beneficiaries frequently
- Obtain professional appraisals of valuable assets
- Consult with a probate attorney early
Taking these proactive measures can help prevent disputes and protect the estate and its administrator.
Planning Ahead Can Prevent Future Disputes
In many situations, estate conflicts can be avoided with proper estate planning. A properly drafted estate plan will identify beneficiaries, outline distribution of assets, name a trustworthy executor/trustee, and account for unique family situations.
If you know your family will have conflict after you pass away, you might even consider talking through your decisions with your loved ones. Though difficult, many surprises can be avoided by having conversations before estate administration begins.
Questions like “How do I handle an inheritance split between feuding siblings?” are exactly why the team at Patton Law Group is here to help. Our attorneys understand how stressful estate conflicts can be and will guide you through every step of the probate process. If you need help administering an estate, interpreting estate planning documents, resolving beneficiary disputes, or protecting your legal rights, contact us today to schedule a consultation.
