Parents work hard to develop an estate plan that will result in fair inheritances for all of their children. While some parents split everything equally among their children, others decide to convey specific assets to specific heirs. Ultimately, the parents’ hope is that their estate will pass smoothly upon their demise.

But the reality is sometimes different because children may not agree with one another on either how the estate was planned or how it is carried out upon the death of their parents. Whether you are a dissatisfied beneficiary or one of your siblings is contesting the estate, turn to the San Mateo County estate litigation team at Biddle Law.

How Disagreements May Arise Among Siblings

Siblings may not like how their parents plan their estates, or they may be unhappy with how the personal representative (also known as an executor) carries out the plan. It’s important to stress, however, that merely disliking the estate plan or how the personal representative executes it is not enough to warrant legal action. But there are cases in which improper conduct can give rise to litigation.

For instance, siblings may be able to contest the will based on:

• Undue influence: If one sibling exercised undue influence on the parents, thereby affecting the estate plan, this could be an issue. The California Probate Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”
• Lack of testamentary capacity: The parents may not have had the legal ability to execute the will due to a lack of testamentary capacity. In San Mateo County, this means the parents did not possess the ability to understand (for instance) the legal consequences of executing a last will and testament. Lack of capacity opens the door to undue influence and other matters that can affect the validity of the will.
• Breach of fiduciary duty: The parents may have designated one of the siblings to serve as personal representative, which grants them considerable power over the estate. But there are fiduciary duties that attach to serving in this role. Among them are putting the interests of beneficiaries ahead of their own and avoiding conflicts of interest.

How Sibling Conflict Can Affect a San Mateo County Estate

Sibling disputes over their parents’ estate plans are a serious matter. If the disagreement is not resolved quickly, it could run the risk of:

• Invalidating the will: The will might get thrown out if it is determined to be invalid, which could plunge the entire estate into chaos.
• Delaying estate settlement: Whether the will stands or not, a disagreement can delay estate settlement and postpone the distribution of assets.
• Higher legal costs: Delays and other challenges will likely result in unexpected legal expenses.
• Depleted estate: The more money is spent on litigation and legal issues pertaining to the will, the fewer assets are available for beneficiaries.

Resolving Sibling Conflict

Fortunately, the threat of sibling disputes over parents’ assets need not trigger the above problems. Your San Mateo County estate litigation attorney can explore options to settle the estate, including:

• Negotiations with the other siblings: Informal negotiations between you and your siblings, with the assistance of an attorney, can successfully address the matter.
• Mediation: A formal step in the negotiation process is mediation, by which a neutral third party helps facilitate productive discussions among all parties.
• Taking early legal action: If it becomes clear that the other siblings intend to draw the estate into a protracted dispute, we can help you take quick legal action to seek a relatively quick resolution.

Connect With Us For Help With Your Estate Litigation

Estate litigation can tear families apart, but with the right legal counsel you can minimize or even avoid such disputes. If you or your siblings object to your parents’ estate and have questions or concerns about it, connect with Biddle Law today.