Dealing with the legalities that come with the passing of a parent can be overwhelming, particularly when dealing with siblings. Sibling disputes can be challenging issues to navigate during a probate proceeding. When siblings are involved, emotions can run high and disagreements can arise making an already complicated process even more challenging. In this blog, our probate lawyers will discuss some of the most common probate issues that siblings face. Whether you’re currently going through probate with siblings or want to be prepared for the future, we’re hopeful this blog will aid in understanding and provide insights on dealing with probate issues with siblings.
Unequal Inheritance: The Potential Probate Problems Created by Parents Giving Property To A Specific Sibling
One common source of sibling tension arises when a parent(s) transfers assets to one sibling while the parent is still living. The transfer of assets may have been made to avoid the probate process or to ensure that a particular sibling receives a larger inheritance. While the parents may have had good intentions, such transfers can create a sense of inequality among siblings and result in legal disagreements.
In situations where a parent has transferred assets to one sibling while the parent is living, it is essential to examine the legality of the transfer. This may involve reviewing any documentation related to the transfer, such as a gift agreement or trust document, and determining whether the transfer was made under duress or coercion. It’s not uncommon for siblings to have disagreements over whether a property transfer from a parent to a sibling qualifies as a gift. Understanding the legal distinctions between gifts and inheritances is crucial for individuals to make informed decisions about transferring their assets and property.
While gifts and inheritances are both types of property transfers, they differ in several ways. A gift is a voluntary transfer of property or assets from one person to another without any expectation of payment or return. The giver of the gift, or donor, must intend to give the gift and the recipient must accept it. Once the gift is given and accepted, it becomes the property of the recipient. In contrast, an inheritance is a transfer of property or assets that occurs after someone’s death. One of the main differences between gifts and inheritances is the timing of the transfer. As mentioned, a gift is given voluntarily during a donor’s lifetime, while an inheritance is received after the donor’s death. Another key difference between gifts and inheritances is the tax implications. It is possible that gifts may be subject to a gift tax, which is a tax levied on the transfer of property from one individual to another without receiving any consideration in return. In contrast, inheritances are typically not subject to inheritance tax, although there may be other tax implications, such as capital gains tax. Understanding the differences between a gift and inheritance is helpful when examining a property transfer from a parent to a sibling. While they may seem similar, the legal requirements and implications of each can have significant consequences for both the parent conveying a property interest and the sibling who receives the property interest.
When Siblings Disagree: Handling Conflict Over the Appointment of a Personal Representative
A common conflict among siblings is the selection of a personal representative for the estate of a deceased parent. The personal representative is responsible for managing the estate and distributing assets to the legal beneficiaries and heirs. If a valid Will was left by the parent, the Will likely states who the parent chose as personal representative. It’s not unusual for a parent to select a personal representative who may not have the approval of other family members, specifically siblings. This can be a source of conflict and resentment among siblings, particularly if the chosen personal representative is seen as biased or unlikely to meet the standards and requirements of acting as a personal representative. In some cases, siblings may contest the appointment of the personal representative, leading to a prolonged and complicated probate process.
When a parent passes away without leaving a Will, the estate is regarded as an intestate estate. In such cases, the court will appoint a personal representative to administer the estate. The procedure for appointing a personal representative varies depending on the laws of the state in which the estate is being administered. This underscores the importance of understanding the laws in your state to ensure that the appointment of a personal representative is carried out smoothly and fairly. In a situation where electing a personal representative is required, it is important for siblings to communicate openly and respectfully about their opinions on who should be appointed as the personal representative and to seek the guidance of a professional if necessary. Ultimately, it’s in everyone’s best interest to come to an agreement and work together towards a smooth and fair administration of the estate.
