Handling Sibling Disputes Over Inheritance During Probate in California

When siblings disagree about inheritance during the probate process, the situation can become quite complicated. Unfortunately, such disagreements are common during probate in California. Such disputes can cause emotions to run high and even strain relationships for years, if not forever. It is essential to understand why arguments over money or property arise between siblings during the probate process and how to address them effectively. Understanding this can preserve legal rights and family relationships.

Why Do Sibling Disputes Happen During Probate?

The probate process involves collecting estate assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. The beneficiaries of an estate do not have to receive an equal share of the inheritance, but must instead receive what the decedent specifically left for them in the will. If there is no will, the state’s intestate succession laws will take effect and determine who inherits what, based on their legal relationship to the deceased.

When a parent dies, their children may disagree on how the inheritance has been divided among them. Here are some of the reasons conflicts over inheritance may arise;

• Claims of Undue Influence: One sibling might claim that the other pressured the parent into altering the will to favor them.
• Unequal Share of the Inheritance: Siblings often expect to receive an equal share of the inheritance. If a parent leaves one sibling more than another, it can create conflict, especially if the reason for the disparity is unclear.
• Blended Families: Step- or half-siblings may disagree about what percentage of the estate they are each entitled to.
• Unclear Will: If a will is vague, siblings may interpret it differently, resulting in disputes.
• Executor Disputes: If one sibling is the executor of the estate, conflicts can arise over their communication, decisions, or alleged mismanagement of the estate.
• Verbal Promises: Disputes may arise if a sibling believes their parent promised them a larger share of the inheritance than what is indicated in the will.

How To Handle Sibling Inheritance Disputes

If disagreements arise between you and your sibling(s) during the probate process, here are the steps to take;

1.    Review the Will (If One Exists)

If your parent left a will, begin by reviewing it with the help of a California probate attorney. A skilled attorney can help confirm whether the will meets the legal standard codified in California Probate Code section 6110 and explain how its terms apply to each sibling.

2.    Communicate Openly

An open conversation between siblings could be all it takes to clear up a misunderstanding and prevent it from escalating into a full-blown legal dispute.

3.    Consider Mediation

If you and your sibling(s) can’t communicate, consider mediation. A mediator can bridge the gap between you and your sibling(s) and help you reach a compromise.

4.    Proceed To Court (If Necessary)

If, for example, you believe you have a valid ground to contest the will, such as undue influence, you can file a will contest in probate court. However, you should not take this lightly. You need strong evidence. Mere suspicion is not enough. A probate attorney can help you determine whether you have grounds to proceed to court.

Contact The Probate Guy

If disputes have arisen between you and your sibling(s) during probate, contact our skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6110.&lawCode=PROB