Can a parent spend a child’s inheritance from their grandparents?
What can be done about a sibling stealing from an estate?
Can an illegitimate child claim an inheritance?
Can an adopted child inherit from a biological parent?
Family inheritance issues can vary greatly in complexity and scope. Whether you are facing an inheritance dispute between siblings, navigating the challenges of blended family inheritance issues, or dealing with attempts by your relatives to claim your rightful inheritance, a skilled family inheritance lawyer can provide the support needed to minimize conflict and work toward a mutually acceptable resolution.
Family inheritance disputes must be handled with care and compassion. Not only is your potential inheritance on the line, but so too is your connection with your relatives. Resolving family arguments over inheritance demands a delicate approach and keen understanding of the family dynamics involved. If not managed properly, conflicts could escalate, leading to long-lasting rifts that permanently fracture bonds with your loved ones.
If you have attempted to resolve inheritance disputes directly with your family but were unable to reach a compromise or have simply given up trying, a family inheritance lawyer can provide the assistance and momentum needed to move your case forward. One of the most effective strategies for resolving family inheritance disputes without compromising familial relationships is early legal intervention. Rather than permitting tensions to build, addressing conflicts as soon as they arise can help prevent misunderstandings and ensure that all the parties’ expectations are understood.
By addressing family inheritance problems promptly and with support from a knowledgeable lawyer, you can mitigate conflict with your relatives and help the trust and/or estate administration process unfold as smoothly as possible.
How to Handle Family Inheritance Disputes
Family conflicts over inheritance of property can arise for many reasons.
Perhaps certain relatives received a larger inheritance than you without any clear explanation as to why.
Perhaps the will or trust of your deceased loved one contains ambiguous language, creating confusion about which relatives should receive an inheritance.
Perhaps an estranged sibling has suddenly reappeared after decades of no contact, seeking to inherit from your parent’s estate or trust, frustrating you and your siblings, who had been actively involved in your parent’s life.
Or perhaps you suspect that a relative had unduly influenced your deceased loved one to change their will or trust so they could secure a larger inheritance for themselves.
Regardless of the nature of your familial inheritance dispute, there are steps you can take to minimize discord and arrive at a mutually agreeable resolution.
Grief arising from the loss of a loved one can often lead to emotionally driven, irrational decisions, which could hinder the chances of a positive outcome. To avoid this, consider exploring the strategies for amicably resolving family inheritance disputes that Keystone has outlined below. You may increase the possibility of the other parties compromising, thereby helping to keep family ties intact.
1. Consider the Final Wishes of the Deceased
It’s natural to feel the inheritance you stand to receive is unfair if it’s less than what you were expecting. However, much of this internal conflict can be eased by focusing on the possibility that your deceased loved one’s will or trust is a true reflection of their final wishes.
For example, if you were the sole caregiver for your mother during her final years, but she left a larger inheritance to your brother, it’s easy to assume he might have acted wrongfully to secure a bigger share for himself. Nevertheless, it’s also possible that your mother, knowing you were financially stable, chose to leave a greater share to your brother, who she believed needed more financial support, even if he contributed less in your eyes.
While there’s always a chance that a deceased person’s estate planning documents are invalid, the court typically presumes them to be valid. It is generally up to the person challenging the validity of the will or trust to provide evidence or grounds for contesting the will or trust and strong evidence that the will or trust does not reflect the deceased person’s true intentions.
It’s important to remember that while you may not fully understand the reasoning behind your deceased loved one’s decisions, it doesn’t mean they weren’t made with care. This isn’t to say you shouldn’t investigate if something about their will or trust seems suspicious — by all means, do so. However, avoid jumping to conclusions or starting family inheritance disputes without having a solid grasp of the situation.
By keeping your loved one’s final wishes at the forefront of your mind, it will be easier to remain rational as you navigate your family inheritance dispute. If you’re unsure whether your reasons for bringing a family inheritance dispute are reasonable, a family inheritance lawyer can provide guidance.
2. Clearly Define Your Legal Goals
If you’ve decided to move forward with your family inheritance dispute, it’s important to clearly define your goals.
For example, suppose you were disinherited from your grandmother’s trust — as these clients of Keystone were — after her estranged son suddenly reappeared, took control of her affairs, and had her create a new trust while she was mentally incapacitated. In a case like this, your goal may be to invalidate the new trust and restore your rightful inheritance under the prior trust. This could be possible if the new trust is proven invalid because of your grandmother’s lack of capacity when creating it or the undue influence exerted on her by her estranged son.
If you were to start a family feud over inheritance without a clear grasp of what you’re seeking and why, it’s likely your intentions will be questioned by your relatives. They might regard your actions as antagonistic or interpret them as a wrongful attempt to claim their rightful inheritances, which, ultimately, could weaken your position.
Take the time to write down your reasons for initiating a family inheritance dispute, along with potential outcomes you would find reasonable.
If you’re unsure whether your reasons for bringing a family inheritance dispute are legally sound or if the outcomes you desire are realistic, consulting with a family inheritance lawyer can help you obtain the guidance you need to effectively navigate the situation.
3. Communicate Directly and Compassionately
Remember, you’re not the only one grieving the loss of your loved one — your relatives likely are as well. To achieve the best outcome in your family inheritance dispute, it’s important to approach the situation with sensitivity.
If possible, you may wish to consider directly communicating with your relatives directly regarding your dispute. While it’s essential to communicate your position honestly, it’s equally important to extend the same courtesy to your relatives. Listen to their perspectives and calmly express your agreement or disagreement with their views.
For instance, if you’re in a dispute with your uncle because you believe he intentionally isolated your father to steal valuable items from his home, but your uncle is adamantly claiming your father sold these items before he died, it’s crucial to consider both sides. While your uncle might be lying, he could also be telling the truth, making the situation a potential misunderstanding. Addressing the situation directly and compassionately could resolve the issue without legal action, preserving your relationship with your uncle.
Communicating directly and compassionately could also help your relatives to understand your point of view. For example, if you received a minimal inheritance but need additional funds for essential expenses like college tuition, explaining your situation to your family might elicit their sympathy and lead them to willingly surrender a portion of their inheritance to you.
That said, if having an open dialogue doesn’t achieve your desired legal outcome, don’t be discouraged. The goal is to attempt reaching a resolution amicably before escalating the dispute.
4. Discuss Mediation with Your Relatives
If attempts to discuss the family inheritance dispute with your relatives led to arguments, consider suggesting mediation as a way to resolve the conflict. Mediation occurs outside of the court and entails a neutral third party facilitating communication among the parties, with the goal of reaching a mutually agreeable solution.
The presence of a mediator — and possibly each party’s family inheritance lawyer — can foster improved communication, helping to keep discussions on track. Remember, mediators cannot make or impose decisions on behalf of the parties; their role solely consists of helping the parties find a workable compromise.
Agreements reached through mediation generally are legally binding, but no one is obligated to agree to a resolution or even participate in mediation if they’re unwilling. While not mandatory, it’s common — and also advisable — for parties to attend mediation with their family inheritance lawyers.
Mediation can be a more cost-effective and time-efficient alternative to a lengthy court case. Litigation can be expensive and take months or even years to resolve, whereas mediation often leads to a resolution within just one or two sessions. Mediation remains an option even if a court case has already been initiated.
It’s worth noting that mediation typically requires compromise. If deep-rooted familial rivalries or other familial issues prevent the parties from being flexible, mediation may not be the best option. However, if you and your relatives are open and willing to make some concessions, mediation could be a feasible way to resolve the family inheritance dispute.
For assistance in scheduling a mediation session or for legal support during the process, consider reaching out to a family inheritance lawyer.
5. Resort to Legal Action If Necessary
Sometimes, family inheritance disputes can only be resolved through the court system. When this happens, the process typically begins with the filing of a petition that outlines your legal claims.
For example, suspecting that a relative manipulated your deceased loved one to be named their sole estate beneficiary, you might contest a will in an effort to invalidate it.
Or, as guardian of the estate for your minor child, you might seek to hold your spouse accountable for misappropriating the inheritance your child received from their grandparent.
Or, you might be trying to recover your inheritance that your sibling stole while acting as the successor trustee of your parent’s trust.
Regardless of your reason for pursuing a family inheritance dispute, your petition must demonstrate two key elements: standing and grounds. Standing means you have a financial stake in the outcome of the matter, whereas grounds refer to your legal basis for bringing the dispute. A family inheritance lawyer can help ensure that your case meets these requirements and can draft a compelling petition on your behalf.
Once the initial petition is filed by the plaintiff, the opposing party will have the opportunity to respond with their counterarguments.
Keep in mind that court cases can be long and drawn out, sometimes taking years to reach a resolution. The longer litigation drags on, the higher your legal costs will be. However, this should not deter you from pursuing legal action if you believe you have a strong case.
It’s common for parties with concerns about mounting legal costs to opt to settle the dispute through mediation, which remains a viable option for reaching a resolution at any stage of the litigation process.
If your case proceeds to trial and you win, you may be able to recover your legal costs from the deceased person’s estate or trust, or from the opposing party if their misdeeds are proven. Additionally, you could be awarded punitive damages.
That said, litigation is a complex and demanding process, involving numerous steps. Beyond filing petitions and motions, your lawyer will need to gather substantial evidence to support your claim. This may involve conducting depositions, interviews, forensic accounting and more. Given the time, effort and resources required, the decision to pursue litigation should not be taken lightly.
A family inheritance lawyer can help you weigh the pros and cons of pursuing legal action and provide insight into potential outcomes and estimated costs. It’s almost always advisable to have legal representation in these matters.
That said, most family inheritance disputes are settled before reaching trial, often during mediation.
FAQs: Family Inheritance Disputes
While the above sections offer valuable tips for navigating complicated family inheritance disputes, the frequently asked questions below delve into specific family inheritance problems you may encounter.
We hope you find the answers you need in this section. If not, we encourage you to reach out to our firm to determine whether your case qualifies for a free consultation with one of our experienced probate attorneys.
Can a parent spend a child’s inheritance from grandparents?
It depends. When a minor child receives a sizable inheritance, they generally cannot access it until they turn 18. To protect the inheritance until then, a guardian of the estate may be appointed, regardless of whether the child's parents are involved in their life or not. It’s not uncommon for a parent to petition the court to serve as their child’s guardian of the estate.
If a child receives an inheritance through a revocable living trust, it is possible that the trust contains provisions to keep the child’s inheritance in a sub-trust for a period of time (e.g., until the child turns a certain age).
As for whether a parent can spend the child’s inheritance, it depends on the purpose of the spending. Using the inheritance for personal expenses is not permitted and constitutes fiduciary misconduct. However, if the funds are used for the child’s benefit, such as for school tuition, medical care or other essential expenses, this is generally allowed.
It's important to note that being a parent doesn't automatically grant you access to your child’s inheritance; only the appointed guardian of the estate has this authority. Even then, guardians can only access the inheritance for specific purposes and must provide an account of how much was spent and on what.
How are family inheritance disputes between siblings resolved?
Can my brother sue me for my inheritance? What should I do if my sibling is stealing from the estate of my parent? These are common questions we receive from our clients who have siblings.
Inheritance disputes between siblings can be resolved through the same approaches we discussed earlier. You might begin by engaging them in open and honest dialogue. If that doesn’t work, you might propose resolving the dispute at mediation. In the event a mutually agreeable solution can’t be found, taking the matter to court may be necessary.
Keep in mind that resolving disputes among siblings can be particularly challenging because of the close familial bonds that may be involved. Unlike disputes with more distant relatives, strained relationships with siblings can impact future family gatherings and holidays, making them more complex to navigate.
To minimize conflict and preserve family relationships, it’s advisable to work with a lawyer who can help guide the process.
What can I do if my stepmother has stolen my inheritance?
If you believe your stepmother has stolen your inheritance, it’s vital that you reach out to a family inheritance lawyer as soon as possible.
A lawyer can further investigate the matter to confirm whether your suspicions are based in fact. If they are, they can file a petition seeking to recover your stolen inheritance from your stepmother.
Can a non-marital child claim an inheritance?
Yes, a non-marital child generally can claim an inheritance, but they may need to legally establish paternity in order to do so. In most cases, non-marital children have identical inheritance rights to marital children, so long as paternity is proven.
If a deceased parent names a non-marital child in their will, the child will be entitled to the inheritance they were left. If there is no will, a non-marital child usually has the right to inherit through intestate succession, given their paternity is established. Even if there is a will or a trust that fails to mention the non-marital child, the non-marital child still could potentially inherit as an “omitted child.”
Remember, parents have no obligation to leave any of their children an inheritance, whether the children are marital or not.
How do I protect my child's inheritance from my husband?
Protecting your child’s inheritance from your husband could be fairly easy.
As addressed in a previous FAQ, a minor child who receives a sizable inheritance may be required to be under a guardianship of the estate if the interest is not held in trust. In this type of guardianship, the appointed guardian manages the child’s financial affairs, protecting the child’s assets until the child can claim them at age 18.
If you wish to protect your child’s inheritance from your husband, the first thing you may want to do is obtain guardianship of the estate. You can do this by petitioning the court. If your petition is granted, the next thing you’ll want to do is open a bank account to hold your child’s inheritance.
So long as the bank account solely remains in your name and under your control, your husband will not be able to access it, thereby allowing you to protect your child’s inheritance from your husband.
Can an adopted child inherit from a biological parent?
It usually is not possible for an adopted child to inherit from a biological parent after an adoption is finalized — that is unless the biological parents specifically devise gifts to the adopted child in their will or trust. This is because adoption severs the familial ties biological parents have with their biological child. The adopted child, however, may have the right to inherit from their adoptive parents.
That said, it's worth mentioning that a child may have the right to inherit from the estate or trust of their biological parent if their adoption is reversed or if the biological parent dies before the adoption of the child is finalized.
Can a stepchild inherit?
It depends. In California, a stepchild could be considered a “natural child” under certain circumstances, and therefore, be entitled to inherit from their stepparent’s intestate estate if they were to die without a will.
California law defines a “natural parent” as a nonadoptive parent. In other words, to be considered a “natural parent,” it isn’t necessary for the person to be biologically related to the child. A person is presumed to be a natural parent under the law when the presumed parent is married to the child’s mother and the child is born during marriage, and when the presumed parent receives the child into their home and openly holds out the child as their natural child.
In summary, a stepchild can inherit from a stepparent who is considered a “natural parent” or by means of statutory or equitable adoption.
What kinds of inheritance issues can arise in blended families?
With blended families becoming increasingly common, it is smart to be aware of the potential blended family inheritance issues that can arise after the death of a parent or stepparent.
Our family inheritance lawyers often encounter clients with this issue: “My stepfather/stepmother stole my inheritance.” These types of claims tend to surface when clients feel frustrated upon discovering that their parent’s intentions regarding their inheritance changed after remarrying.
Although there may not be a presumption of undue influence or fraud when this happens, it is possible for a stepparent to use unsavory tactics like fraud and undue influence to manipulate their spouse into disinheriting their own children and leaving everything to them.
Imagine your parent is suffering from a terminal illness and is rapidly losing mental capacity. During this time, your parent’s new spouse is constantly by their side in the hospital, controlling their interactions with family and friends. After your parent passes away, you discover that they amended their trust just days before their death, disinheriting you in favor of your stepparent or your stepparent's children. In such a scenario, it would be reasonable to suspect undue influence.
Another common blended family inheritance issue entails a parent from a blended family dying without a will (i.e., dying intestate). Intestate succession, the process by which a deceased person’s intestate estate is transferred to their direct heirs, always provides for biological children to inherit from their parent’s estate, but rarely extends the same right to stepchildren. This is true regardless of how close the deceased was with their stepchildren — although, in some cases, stepchildren may have priority intestacy rights over other heirs.
Unlike wills and trusts, California intestate succession laws, which can be found in Probate Code sections 6400 - 6455, are basically set in stone, meaning they cannot be challenged. Therefore, if you are a parent and wish for your stepchildren to receive an inheritance from your estate, it’s crucial you create an estate plan.
The examples provided are not exhaustive but illustrate the complexities of blended family inheritance issues following the death of a parent or stepparent. Blended family dynamics often lead to unintentional disinheritance and unfair distributions, especially when estate planning documents lack clarity. This can strain family relationships and exacerbate conflicts.
Given the intricate nature of these cases, it is advisable to seek the help of an experienced family inheritance lawyer who understands the nuances of blended family inheritance issues.
Is selling an inherited house to a family member allowed?
Yes, you are allowed to sell a house you inherited to a family member, so long as you are legally entitled to do so. To sell the property, your name must be on the deed. If the probate process is still underway or the deed has not yet been transferred to your name, you do not have the authority to sell it.
If you co-own the property with others, you cannot sell the entirety of the property without their consent. All owners must be involved in the sale. However, if you hold the property as a tenant in common, you may be able to sell your fractional interest in the property without needing the other co-owners' consent.
How do you divide a jointly owned real property among family members?
We assume you’re asking this because certain family members wish to keep the property and others wish to sell. Unfortunately, there is no easy solution to this dilemma.
The ideal scenario would be for the co-owners seeking to keep the property to buy out the other joint owners’ interests in the property, but this may not be a viable solution if the co-owners seeking to keep the property lack the necessary funds for a buyout deal.
While there are other potential arrangements that could be worked out, such as the co-owners seeking to keep the property buying out the co-owners seeking to sell over time, if the co-owners seeking to sell are not amenable to them, it’s possible they could bring a partition action to force the sale of the jointly owned property.
Partition actions can be expensive and can take a long time to resolve, so if you can find a mutually agreeable resolution outside of court, that may be preferable. Nevertheless, if you do decide to pursue a partition action or simply need guidance about how to proceed, a family inheritance lawyer can provide assistance.
Have specific questions about a family inheritance dispute? We are here to help.
Navigating family inheritance issues can be challenging, as it requires balancing the pursuit of the inheritance you rightfully deserve with maintaining positive relationships with your relatives.
At our probate firm, we specialize in handling these sensitive matters. Through our compassionate approach, we potentially can help you avoid contentious family fights over inheritances and maybe even mend strained family bonds.
We believe it’s possible to advocate for your inheritance while preserving your family relationships, and we are here to assist you throughout this process. Contact us today to request a free consultation with one of our experienced family inheritance lawyers.
