How Probate Courts Handle Sibling Disputes Over Inheritance
When a loved one dies, there is a lot of grief involved. When family members have to deal with the deceased person’s estate, there may be even more intense emotions, such as anger.
Estate conflicts can happen for many reasons, and sometimes even siblings can have disputes with each other. When siblings clash over an inheritance, probate courts step in to resolve the conflict and ensure the estate is distributed according to the law. These disputes often arise when there is no clear will, when the will’s language is ambiguous, or when siblings disagree about the actions of an executor or trustee.
Common reasons for sibling disputes over inheritance include:
- Unequal distribution of assets. One sibling may feel shortchanged if the will favors another.
- Blended family dynamics. Step-siblings or half-siblings may disagree about who is entitled to what.
- Executor mismanagement. Disputes often arise if siblings believe the executor is withholding information, delaying probate, or misusing estate funds.
- Property division issues. Siblings may argue over keeping, selling, or dividing family property such as a home or land.
- Allegations of undue influence. If one sibling had more control over the parent in their later years, others may claim manipulation.
- Poor communication. A lack of transparency about the estate often leads to mistrust and conflict.
What Happens in These Cases?
Probate courts typically begin by reviewing the validity of the will or trust. If a sibling contests the document, the court may require evidence of mental capacity, fraud, or coercion at the time it was signed. Courts also closely examine whether executors or trustees are fulfilling their fiduciary duties fairly. If mismanagement is proven, the court can remove the executor or trustee and appoint a replacement.
In some cases, judges encourage mediation before a full trial, as it can preserve family relationships and reduce costs. If mediation fails, the court issues a legally binding ruling based on state probate law. Ultimately, the court’s goal is to protect the decedent’s wishes (if expressed in a valid will) or apply intestate succession laws when no will exists.
Preventing Sibling Inheritance Disputes
- Create a clear will or trust. Ambiguity is a top cause of family disputes. Clear instructions about asset distribution reduce confusion.
- Consider equal treatment. Unless there’s a compelling reason, leaving assets equally among siblings can prevent resentment.
- Communicate now. Parents should explain their estate plan to children in advance to reduce surprises and misunderstandings.
- Review estate plans regularly. Life changes such as remarriage, new children, and deaths can affect inheritance expectations. Make updates regularly.
Seek Legal Help
Fighting with a sibling over an inheritance can seem petty, but sometimes there needs to be clarity and resolution after a family member’s death.
Legal representation is always your best bet, as these matters can get heated and emotional quickly. Seek legal help from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We can help you avoid expensive court solutions and allow everyone to move on as painlessly as possible. Schedule a consultation today. Fill out the online form or give us a call at 954-764-4330.
Source:
attorneyatlawmagazine.com/public-articles/estate-planning/best-ways-to-settle-a-sibling-dispute-over-inheritance
