Upon the death of a parent, siblings are not legally entitled to inheritance unless both parents are deceased. Inheritance rights may also be validated when the surviving spouse is incapacitated. Circumstances surrounding inheritance rights depend on whether the parents left a will or not. Even with a will, factors such as a toxic sibling or dealing with an estranged sibling can still dictate your peace.
If you have been delegated the duty of asset and trust execution, it is best to be aware of siblings’ rights after your parents’ death. Most importantly, you need to figure out how to deal with toxic family members and estranged siblings, which will all be discussed in this post.
What are the rights of siblings after their parent’s death?
The rights will be dictated by either the lack of or presence of the will. For instance, if the parent left a will behind, siblings may have the right to receive a share of assets as detailed in the will. The beneficiaries of a will or trust have the legal right to request and receive information about the distribution of assets from the trustee. An attorney typically facilitates this process.
The right to contest the will.
If you have been excluded from a will, you may have the right to contest it. This is only the case if you were included in the previous one but excluded from the latter. This usually happens when the will has been changed after the parents’ death. Therefore, suing for invalidity can help clear up any doubts.
The right to dismiss the trustee or contest the share of other siblings.
When trustees go bad, the siblings can band together and have them removed through a probate court. Also, if the assets are not distributed according to the will, the siblings have the right to take legal action.
No will or trust? What are your sibling’s rights after your parents’ death?
If there is no will or if it has been ruled invalid by the court, you have the right to a probate hearing. This is the court-supervised process of distributing the deceased person’s assets.
The court also safeguards against accidental omissions from the will. Parents sometimes create a trust soon after the firstborn is born and forget to make inclusions for the second child. In this incident, the court will presume the omission to be accidental, thus entitling the child to the deceased’s property. However, the court will follow the estate planning paperwork if the omissions were deliberate.
Are you worried about being burdened by a toxic sibling? Here is what you should anticipate
They are oblivious to trust laws.
If you’re the executor and a toxic sibling is involved, be prepared for them to ignore your role and try to tell you what to do with the assets. They may even try to play favorites in an attempt to persuade you to give them a larger share.
They are always there to blame you.
Sibling rivalry is common when it comes to the execution of trusts and wills. If there’s one thing that siblings can agree on, they always want what’s fair. But what happens when one sibling feels like they’re getting the short end of the stick? In many cases, the other sibling will find a way to weasel out of the agreement. Whether it’s based on transparency or unequal distribution of assets, there’s always a way for the sibling with less to make a play for what they feel they’re entitled to.
They make decimating comments.
Your sibling knows you better than anyone else, which means their criticisms hurt the most. They may say anything to prove that you’re incapable of being the estate executor. Toxic siblings have a persistent lack of understanding toward their other siblings. Such habits might take the form of cutting remarks concerning physical problems, financial difficulties, or job obstacles.
They are deceptive.
A toxic sibling is like a weed in a garden. They can easily rally other siblings to dispute a valid trust. Still, you should expect conflicts over transactions that involve your toxic siblings.
How to deal with toxic family members.
Now that you have an idea of what a toxic sibling might be capable of, it’s time to brace for the worst. To begin with, you need to;
Gather all relevant paperwork.
Aside from a will, you’ll need to track down any life insurance policies, bank balances, or properties your parent may have had. These records will be necessary to show your entitlement to a bequest and to settle inheritance disputes.
Ascertain the executor’s legitimacy.
This may come as a shock to some, but when your parents die, it’s not easy at all. One of the things you’ll have to deal with is figuring out who gets what. And if you’re lucky enough to be named in the will or trust, you might even have to take on the role of executor or trustee. That means you’ll be responsible for distributing your parents’ assets and ensuring everything goes according to their wishes. So if you’re looking for a fun way to spend your inheritance, you might want to think again.
Talk to an attorney.
If you think the will may have been forged or there are some omissions, your best action is to speak to a lawyer. They will be able to help you resolve any problems through the probate process. Additionally, they can offer clarity on your rights and advise you if there are any circumstances where you might need legal counsel. A lawyer will also be needed to arbitrate out-of-court agreements.
Talk about the trust’s assets.
It is beneficial for siblings to agree on how they wish to share assets prior to the commencement of probate, even if there are no legal responsibilities surrounding asset distribution. While your parents’ desires may be unambiguous on record, there could be points of contention or murky sections that require one-on-one talks. A probate lawyer can mediate these talks.
Figure out a way of distributing sentimental properties.
If a parent passes away, it can be difficult to split up their belongings, especially if there are items of sentimental value. However, if you have an opportunistic sibling, they may try to take advantage of the situation and take everything for themselves.
One way to avoid this is to list all the valuables and reinvest them into the estate. You could also sell any sentimental assets and divide the cash among your siblings. This way, everyone gets a fair share, and you can avoid conflict.
Divide the family inheritance systematically.
Toxic siblings often want what their parents had- especially if it’s something that they remember their parents fought over. If you’re the executor, it’s best to deal with these items first. To avoid arguments, list these items and who wants them. Be sure to include why they want it. This will help you determine the most important issue.
How to deal with estranged siblings.
After a parent passes away, it is not uncommon for their children to reunite as a family. You may be surprised to hear from any estranged siblings. And, if they have made contact with you, it is important to keep them in mind when you are carrying out the role of executor. It is also crucial to be aware that they may contest the original will or trust, especially if they are not included in the beneficiary plan. Ways to deal with an estranged sibling include;
Checking out if they were outrighted in the will.
There’s always a risk that your estranged siblings will contest your parent’s will and will try to claim a share of the inheritance. But if you can find details in the will concerning their inheritance, you’ll have a strong case to refute their claims. And remember, even if your parents didn’t explicitly disinherit your siblings in the will, they might have left a letter explaining their reasons for doing so. If there’s ever a dispute of your trust, the note of disinheritance in the will, in conjunction with this letter, may be used during probate hearings.
Check out if they are entitled to a smaller inheritance.
When your estranged sibling is not fully outrighted for an inheritance, the best case scenario is that your parents will state their entitlement to a small inheritance. This will be less than other beneficiaries, but it reduces the likelihood of trust contests from the estranged sibling. If a no-contest clause is included in the trust, the estranged sibling may still contest the trust or the will, but they will lose their inheritance rights if their contest is rejected.
Read the testamentary trust.
A parent may disinherit an estranged child for fear of bad spending habits. However, if the estranged child’s inheritance is documented in a testamentary trust, the executor will have more control over how the assets are distributed. This trust may be conditional, meaning that the beneficiary’s inheritance could depend on whether they meet certain criteria, such as avoiding drug abuse or getting a job.
Wrapping up
When a parent passes away, it makes things a lot easier if they leave a will or trust behind. This ensures that their assets will be distributed smoothly and according to their wishes. If there is no will, then the distribution of property will have to be decided by the probate court. Even in this case, variables can affect the smooth execution of the will, such as estranged or toxic siblings. As an executor, you must watch for these potential problems and do everything transparently to avoid any squabbles.
If you’re wondering about your inheritance rights as an estranged sibling, the will or testamentary trust usually has details. But if you’re in doubt, always reach out to a probate attorney for guidance.
Sources:
https://trustandwill.com/learn/siblings-rights-after-parents-death
https://www.freeadvice.com/legal/what-are-the-siblings-rights-after-their-parents-death/
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