There are few things more sacred than the bond siblings share with one another. Unfortunately, the strength of these bonds can be put to the test when siblings are faced with complex legal matters, such as probate disputes, that may pit one family member against another.
Probate problems with siblings can take many forms.
- Perhaps you and your sibling jointly inherited your parents’ house, but you cannot reach an agreement on whether to sell it or keep it.
- Perhaps a sibling, who is serving as your parent’s attorney-in-fact, is misusing their authority to withdraw funds from your parent’s bank account.
- Perhaps a sibling manipulated your sick parent into signing a trust amendment from their deathbed that disinherited you.
- Perhaps a sibling was stealing money and property from your parent’s home before they died.
- Perhaps a sibling is holding up the probate process by refusing to sign probate documents.
Regardless of the type of sibling dispute you are dealing with, taking legal action against your siblings is probably the last thing you want to do. But what if we told you there are ways to enforce your rights and hold your siblings accountable without necessarily having to compromise your sibling bond?
Family dynamics vary considerably across families, so it’s impossible to predict exactly how sibling disputes will play out. However, this guide can serve as a roadmap for expertly navigating any obstacles that may arise along the way.
If you are facing probate problems with siblings, it’s crucial you take the time to understand your rights, and the legal remedies that may be available to you. By doing so, you can be proactive about devising a strategy that will deliver you the outcome you want, and also take into consideration your intricate family dynamics.
Our probate attorneys have an excellent track record of tactfully resolving all manner of probate-related sibling disputes. Request a free consultation with them to discuss the specifics of why you are seeking legal action against siblings.
When Is Taking Siblings to Court Appropriate?
Whether you’re furious because it’s come to light that your sibling has been financially abusing your parent, or you’re frustrated because you’re dealing with greedy or toxic siblings after a parent’s death, you will be doing yourself a disservice if you continue to engage with your siblings without first consulting with an attorney.
When there are probate problems with siblings, emotions are likely running high for all parties involved. Before any words are impulsively spoken that could result in a rift (which could make it more difficult to negotiate with your siblings down the road), it’s better to take some time to carefully review your options.
You may be relieved to know that it’s not always necessary to bring legal action against siblings. In many cases, sibling disputes can be resolved through less formal means, which can save you time and money, as well as help you to preserve your sibling relationships.
We delve into some of the most common sibling disputes our probate attorneys handle in the following subsections. Keep in mind that there may be sibling disputes that are not mentioned on this list, but that doesn’t mean we can’t assist you.
Problems With Siblings Settling Estates
Can my brother sue me for my inheritance? Can I sue my sister for her inheritance?
The short answer is yes, but for siblings to sue one another for their inheritances, there must be a valid reason. In other words, there should be a legitimate estate dispute between siblings.
Estate disputes between siblings can occur for a variety of reasons, everything from one sibling suspiciously having been left a larger inheritance than another sibling, to a sibling being accused of exerting undue influence on a parent to have them alter their will.
Because inheritance disputes between siblings span a wide spectrum, there is no one-size-fits-all resolution. Rather, the resolutions that are available to the siblings will be determined by the nature of their issue.
Continue reading to learn about three common problems with siblings settling estates.
What If a Sibling Will Not Sign Probate Documents?
In times of grief, such as after the death of a parent, it can be difficult to think and act rationally. For example, a sibling may delay opening probate, even though it is their responsibility as the nominated executor, because they are still in denial about their loss.
If a sibling who is named executor will not file the required probate documents, family members may wish to gently remind them that if they don’t file within 30 days of their parent’s death, they may waive their right to serve as executor. When this happens, a backup executor (supposing one was named in the will) or other interested party (such as another direct heir or creditor) could file for probate in their place and potentially be appointed to the role of personal representative.
If there is no will, then it generally would be the surviving spouse who has priority to serve as administrator (which is essentially the same role as an executor); however, if there is no surviving spouse or the surviving spouse declines their appointment, a child may have next priority. If the child fails to take steps to become administrator, another interested party, such as a parent or sibling may be able to file letters of administration so the next person in the order of priority has the opportunity to be appointed to the role.
Note that the consent of all the siblings is not required for the probate process to begin. That said, if siblings are against the opening of probate, they are entitled to file a formal objection or attend the initial probate hearing to object in person.
What Happens When There Is Family Conflict Over Inheritance of Property?
Suppose an estranged sibling appears out of the blue after a parent’s death to claim an inheritance.
It may come as a shock that estranged siblings may have the same inheritance rights as non-estranged siblings. If a parent dies without a will, for example, intestate succession laws will provide all the siblings with equal inheritances regardless of how much or how little they were involved with the family.
In the same vein, if a parent dies with a valid will that provides their estranged child with an inheritance, they cannot be disqualified from receiving that inheritance on account of being estranged. That is to say, an estranged sibling receiving an inheritance does not qualify as a valid ground for contesting a will or trust.
Suppose a sibling was left a disproportionate share of trust assets for no particular reason.
There is nothing inherently improper about a parent leaving more assets to one sibling than the others. Nevertheless, if there is reason to believe the sibling with the disproportionate share manipulated or abused the parent in some way to be left a disproportionate share of assets, a ground likely exists for contesting the trust or will.
Suppose a parent left equal shares of a property to all their children in their will, but did not specify whether they were only referring to their own children or their stepchildren as well.
This complicated dispute over a will may require a court petition to resolve if the parties cannot resolve the matter informally. While the executor, particularly if they had been close with the deceased, may believe they know how to interpret the ambiguous language in the document, it could be regarded as fiduciary misconduct if they were to proceed with interpreting it without involving the court, as their interpretation, by default, would favor one party over the other.
When there is ambiguous language in a will or trust, it can usually be resolved with a Petition for Instructions. The court generally will analyze other parts of the document to determine if the true meaning of the ambiguous term can be gleaned from there, or it may even consider extrinsic evidence.
All three scenarios mentioned above are ripe with the potential for family conflict over inheritance of property. While family conflicts over inheritance of property are not limited to the examples in this section, the examples are great representations of the types of inheritance issues with siblings we frequently see as probate attorneys.
What If a Will or Trust Is Invalid?
A common question our probate firm receives is: Can siblings contest a will or trust?
Siblings are entitled to bring a trust or will contest so long as the document at issue meets one or more of the grounds for contesting a trust or will and the siblings have what is known as “standing.”
Standing simply means that a party has a financial stake in the outcome of a matter — in other words, they stand to receive a greater inheritance if their contest is successful than they would under the contested will or trust. For example, if a parents’ will disinherits a sibling, that sibling would have standing to contest the will if their successfully contesting the will would mean they inherit by intestate succession.
Remember, if you are planning to contest a trust or will, you must act fast. The deadlines for bringing a trust or will contest are extremely strict.
Family Disputes Over Property
In the realm of sibling relationships, disagreements around the division and distribution of property have the potential to become a longstanding source of contention if not resolved amicably and with tact.
Taking siblings to court isn’t always necessary with a property dispute, and some property disputes can be resolved in a single court proceeding. That is to say, legal action against siblings does not always have to be a painful experience. You can enforce your rights while also trying to maintain harmony within the family unit.
We discuss the two main types of sibling property disputes our firm sees in the following subsections.
Can Siblings Force the Sale of Inherited Property?
In the world of probate, siblings jointly inheriting a house is exceedingly common. Just as common are disagreements resulting from siblings not being able to reach a resolution amongst themselves about how to divide the property.
Imagine a parent who provided for her three daughters to inherit equal shares of her vacation home in her will. The two youngest daughters spent much of their youth in this home, so they have a sentimental attachment to it. The eldest daughter, on the other hand, never spent any time in the home, so she wants to sell it. Who would have the upper hand in this situation: the two youngest daughters or the eldest one?
You may be surprised to learn that, despite being in the minority, the eldest daughter would have the upper hand. The reason for this is simple: The law cannot force her to maintain her interest in the property, but it can force her sisters to terminate their interests.
That said, special laws have been put into effect to protect heirs’ property, or any property that is passed down from one relative to another. As such, the two younger siblings must be given the opportunity to buy out the eldest sibling’s share of the property at its appraised value. If they are unable to do so, and no alternate resolutions can be agreed upon, the property could become subject to a partition by an open market sale, which ultimately would result in each of the three daughters receiving one-third of the proceeds from the sale of the home.
Partition actions generally are used as a last resort because they are expensive and can be emotionally taxing due to the long, drawn-out court battles that often result from them. It may be worth your time to explore some of the ways to “win” a partition action without taking legal action against siblings. For example, a win-win situation may be to lease the property so all the co-owners earn steady income. Trying to stop a partition action can be an uphill battle, so it’s ideal to try to work with your siblings to find a compromise everyone can get behind.
It’s not usually possible to physically divide property (especially if it is a house as opposed to land) fairly and equitably; however, when a partition by kind is possible, that is the preferred option of the courts. Partition by kind results in every co-owner owning an undivided interest in the property (known as tenancy in common) that they can use or dispose of how they please.
What If There Was an Improper Transfer of Property Between Siblings?
Suppose a sibling is the successor trustee of his parent’s trust. The trustee is also a beneficiary, along with his two siblings — all of whom are supposed to inherit equal portions of the trust. The trustee is fonder of one of their siblings, so he transfers title to a trust property into his sibling’s name. This causes the sibling who did not receive the property to take legal action against the trustee.
In this instance, the excluded sibling was completely justified in taking his sibling to court. Not only had the trustee not been granted any discretionary powers to change the provisions of the trust or decide who gets what, but by favoring one trust beneficiary over another, the trustee violated his duty of impartiality, which is an act of trustee misconduct.
While this was an extreme example, it does illustrate how an improper transfer of property might take place. When the improper transfer of parents’ property is between siblings, it usually involves one sibling who is acting as a fiduciary and another who is a beneficiary.
There are shortcut procedures, called 850 petitions, that can be used to transfer property into or out of a trust or estate. Heggstad petitions are a type of 850 petition that are used specifically for transferring property into or out of a trust.
In the example above, a Heggstad petition could potentially be used to transfer the property at issue back into the trust so that it can ultimately be distributed as per the instructions in the trust. The sibling who was slighted could also file a petition to remove the trustee and surcharge them.
Note that while 850 petitions have become popular tools for carrying out property transfers without probate, the court has the right to deny 850 petitions and can order for the property at issue to pass through probate instead.
Power of Attorney Abuse
There is nothing more distressing than learning that the person tasked with handling your parent’s financial affairs as their power of attorney is misusing their authority. Not only can such misconduct cause discord among family members, but it can shatter the principal’s finances.
When someone is given power of attorney, they essentially have the reins to that person’s life, so there is an expectation the power of attorney will be used responsibly, ethically and for the benefit of the person who signed the document (called the principal).
Sadly, power of attorney abuse occurs far too often, and some of the biggest perpetrators of abuse commonly are the principal’s own family members. It’s not always easy to detect power of attorney abuse because powers of attorney, unlike conservatorship, are not monitored by the court. However, the silver lining is that regardless of whether power of attorney abuse is discovered before the principal’s death or after, there is legal recourse available.
What If a Sibling Is Abusing Their Power of Attorney?
Suppose your parent signed a power of attorney to empower your sibling to act as attorney-in-fact and make decisions on her behalf since she was getting old and required help managing her finances. After a couple years, your parent was diagnosed with dementia, resulting in her not being able to manage her finances at all.
Knowing that your parent was incapacitated, your sibling borrowed funds from her account without notifying her to start a business, but ultimately, that business failed, resulting in substantial losses.
This example illustrates the far-reaching effects of power of attorney abuse. Your sibling in this example likely thought they could borrow funds from your parent and promptly return them without any harm being done, but alas, the parent was harmed. While there likely are plenty of people who get away with power of attorney abuse, there are countless others who don’t.
The lesson for siblings with power of attorney is to remain within the bounds of their authority no matter what. If you are unsure about what is allowed and what is not, you should consult with an attorney before proceeding further.
If you are concerned about your sibling abusing power of attorney to steal from your parent or profit off them in some other way, speak with an attorney as soon as you can to learn what you can do to stop the abuse.
In most cases, if you have evidence to show the attorney-in-fact is abusing their power, you can file a petition to have the power of attorney revoked, and if they stole from your parent, you can recover stolen assets and possibly even damages. You also may be awarded attorney fees and costs if you’re successful in proving power of attorney abuse.
Keep in mind that if your parent is incapacitated, they’ll likely need someone else to manage their personal affairs and finances after the power of attorney is canceled. To fill the void, the court may require you to establish a conservatorship over your parent.
What If a Sibling Is Not Satisfying Their Power of Attorney Obligations to Family Members?
Power of attorney abuse can also entail a sibling not satisfying their power of attorney obligations to family members. Even if this type of abuse stems from inaction as opposed to taking deliberate action to misappropriate assets, it can be just as damaging to the principal.
Suppose your sibling is acting as attorney-in-fact for your parent. As attorney-in-fact, they are responsible for paying your parent’s bills, rent and medical expenses, because your parent, who is incapacitated, is unable to handle these things on their own.
Upon visiting your parent at their home, you notice an unpaid rent notice on the door, piles of unpaid bills on the kitchen table, and several voicemails from medical creditors. Worst of all, you find out there’s a gap in your parent’s insurance coverage due to an unpaid premium.
Because of your sibling’s gross negligence, your parent’s finances are suffering considerably. They have not been diligent about the duties they agreed to take on as attorney-in-fact, so now you may have to resort to more restrictive measures to protect your parent, such as conservatorship.
In addition to having the power of attorney revoked, you may decide to take legal action against your sibling to recover money and damages from them, since your parent probably is drowning in late fees, interest charges and unpaid debt. You may be able to recover your attorney fees and costs as well.
While it can be a challenge for a person to manage their own life as well as the principal’s, there is no excuse for this type of power of attorney abuse. If an attorney-in-fact has any doubt about their ability to fulfill the responsibilities of their role, they should resign to protect both the principal and themselves.
Elder Financial Abuse
Countless situations fall under the umbrella of elder financial abuse, and similar to power of attorney abuse, the perpetrators of it often are the same people whom the victim loves and trusts most: family.
Because of the inherent trust family members tend to have in one another, their guards may be down when in each other’s presence. Sadly, when guards are down is when most financial abuse occurs.
What Can Be Done If a Sibling Is Manipulating Elderly Parents?
Manipulation is a tactic many siblings use to get their way with a parent. We’re not talking about sweet-talking them to get a little extra cash or a new outfit. The manipulation we’re referring to tends to be a lot more subtle, and far more insidious.
Let us illustrate with an example. Suppose your parent has a terminal illness. While you have been stopping by your parent’s house a few times a week to check in on them, your sibling decided to move in with them to provide around-the-clock “care.” As your sibling and your parent grow increasingly closer, your sibling starts to plant ideas in your parent’s mind about how you don’t care about your parent in the same way she does.
The manipulation gets worse as time goes on. Upon gaining your parent’s full trust and confidence, your sibling starts to isolate your parents from you, preventing him from seeing you or speaking to you without her being present. Your sibling then begins to lie to your parent about not having the financial means to support herself. She keeps pressuring your parent to change his will to make her the sole beneficiary, and eventually, he agrees.
This is textbook manipulation. It started with your sibling moving in with your parent under the guise of caring for him. She intentionally deceived your parent (i.e., committed fraud) when lying about her finances, and then used isolation and undue pressure to get him to change his will.
Manipulation is dangerous because it often is camouflaged as extreme affection. It’s no wonder that it’s often not discovered until after the victim has died. It’s crucial to know the signs of a sibling manipulating elderly parents so you can take steps to stop the hidden type of abuse if you notice it.
When a sibling is using manipulation tactics on an elderly parent, it is usually to get them to make changes to their estate plan. If you can prove your parent’s estate plan was the result of manipulation, you may be able to have the problematic portions of it invalidated by will or trust contest after they die.
Because manipulation requires significant evidence to prove, it’s strongly recommended that you work with an attorney if you plan to take legal action against your sibling.
Strategies for Resolving Probate Problems With Siblings
While there is no shame in turning to the court system to find resolutions for your legal issues with others, the situation can be a bit more delicate when the sparring parties are siblings.
Of course, not everyone is close with their siblings or worried about preserving their sibling bonds, and if that’s the case, you may wish to skip straight to the last step of connecting with a probate attorney and taking legal action.
However, for those who are uninterested in taking your siblings to court, you can try some of Keystone’s techniques for resolving sibling disputes below.
Call a Family Meeting
Not all probate problems with siblings require extreme resolutions like taking siblings to court. If you are on good terms with your siblings, you may be able to call a family meeting to get to the bottom of what’s bothering everyone.
If your siblings agree to a meeting, you may wish to set aside some time to take notes about what you’d specifically like to discuss. This way, even if the family meeting doesn’t go as well as expected, you’ll have still gotten your main points across.
Openly Communicate
Open communication is key if a resolution is to be reached between you and your siblings. While it can be difficult to express what’s on your mind, particularly if what you have to say is unpleasant, you must clearly state your wants and needs if you desire for the ultimate resolution to take your preferences into consideration.
One way to facilitate open communication would be for you and your siblings to agree to let every sibling say their piece before discussions take place.
Consider Mediation
Mediation consists of a neutral third party facilitating negotiations between all the parties involved in a dispute. If siblings cannot reach a resolution informally, mediation can be a great alternative.
Having a neutral third party weigh in can help siblings see the issue they are facing from multiple angles. What’s more, it’s generally less expensive than taking your siblings to court.
If you have an attorney representing you, they can accompany you to mediation and negotiate on your behalf.
Be Open to Compromise
Compromise is essential if you hope to resolve your probate problems with siblings quickly and efficiently. While compromise, by definition, usually requires you to give up something you want to get something you do want, going to court could result in you not getting anything you want.
Since compromising is basically a win-win situation for all the parties, it is also more likely to result in your sibling bonds remaining intact.
That said, we would not recommend you compromise if the proposed resolution is not to your satisfaction.
Work with a Skilled Probate Attorney
Even though working with a probate attorney is listed as the last step of the process, we would recommend consulting with an attorney as soon as you become aware of the sibling dispute. This way, your attorney can provide guidance about next steps and whether legal action against siblings is necessary.
It can help to work with an attorney, particularly when your legal issues concern your family, since your attorney can do most of the talking. This can prevent emotions from running high and arguments among siblings from escalating.
Probate problems with siblings? Call us today.
Our probate attorneys have resolved complex family issues for countless sibling clients. We are equipped to help you resolve your sibling dispute, no matter how complex it is or at what stage you are in the conflict resolution process. We can advise you about what paths to pursue and whether legal action against siblings is needed.
Call us today to request a free consultation.
