Money, property, and family relationships can become complicated after a loved one passes away. Even siblings with a strong bond may find themselves in conflict over inheritance. Disputes can arise due to misunderstandings, unclear wills, or long-standing family tensions. If not handled properly, these disagreements can damage relationships and delay the estate settlement process.
Let’s explore common reasons why siblings fight over inheritance and the legal steps available to resolve these disputes in a fair and timely manner.
Understanding Why Sibling Disputes Happen
Disagreements often start when one sibling feels left out or treated unfairly. Sometimes, a will may leave more assets to one child, or the instructions may not match what the family expected. In other cases, one sibling may believe another influenced the parent’s decisions during their final years.
If a parent passed without a will, the situation becomes even more complex. New York intestate laws divide assets according to a legal formula, not based on what the parent might have wanted. This can lead to confusion and resentment among family members.
Identifying Legal Grounds for Dispute
Siblings can challenge a will or estate distribution only under specific circumstances. Common legal grounds include lack of mental capacity, undue influence, fraud, or improper execution of the will. If the court finds that any of these occurred, the will may be changed or dismissed altogether.
Concerns about how the executor is handling the estate may also lead to disputes. If one sibling is acting as the executor, other family members might question their transparency or fairness. If needed, the court can remove an executor and appoint someone else.
Seeking Legal Mediation
Litigation can be costly and take years to resolve. Before going to court, families often try mediation. In this process, a neutral third party helps the siblings talk through their disagreements and reach an agreement.
Mediation works well when communication has broken down, but the parties are open to finding a solution. It also allows the family to have more control over the outcome instead of leaving the decision entirely to a judge.
Filing a Claim in Surrogate’s Court
If mediation fails, the case may go to Surrogate’s Court in New York, which handles estate and probate matters. Each party can present evidence and explain their position. The judge reviews the case and makes a final decision based on state law.
Although this process takes time, it provides a structured path to resolution. It also allows the court to settle deeper issues, such as disputes over the validity of a will or misconduct by an executor.
Preventing Disputes Through Careful Planning
Many sibling disputes could be avoided if parents took the time to plan clearly. A well-drafted will, trust, or estate plan can prevent confusion. Choosing a neutral executor or professional trustee may also reduce family tension.
Parents should talk openly with their children about their estate plans during their lifetime. Clear communication now can reduce the chance of legal battles later.
Final Thoughts
Inheritance disputes can bring out strong emotions, but legal solutions are available. If you’re facing a conflict over an estate, speaking with an attorney who focuses on estate litigation can help protect your rights and guide you toward the best path forward.
If you’re facing an inheritance dispute or need guidance on estate litigation, Voelkl Law PC is here to help. With over 27 years of experience in probate and estate matters, Jeffrey Voelkl provides clear legal solutions tailored to your situation. Call the firm at 716-633-4030 to set up a consultation!