The loss of a parent is never easy. In addition to the emotional and social challenges that stem from such a consequential loss, children of all ages are compelled to deal with the practical challenges that arise in the wake of this turn of events.
Understandably – given the emotional toll of loss and the practical stakes of its aftermath – when adult siblings are left to divide an estate, disagreements can quickly arise. Often due to unclear instructions in a will, perceived favoritism or long-standing family tensions, estate-related disputes between siblings are unfortunately common. When these conflicts escalate, they can damage relationships and delay the resolution of a parent’s estate.
Finding a way forward
One of the most frequent sources of disagreement is the division of assets. Siblings may argue over who should receive specific property, such as a family home, jewelry or sentimental heirlooms. Even when a will or trust exists, vague language or unequal distributions can cause hurt feelings and raise suspicion. It is even possible that if one sibling was more involved in caregiving or had a closer relationship with the parent, others may feel resentment or question the fairness of their wishes.
Disputes can also arise over the actions of the executor or personal representative who is responsible for handling the nuances of probate and estate administration. If one sibling is appointed to this role, the others may challenge their decisions or accuse them of mismanaging the estate. Concerns about transparency, delays in asset distribution or conflicts of interest often lead to legal challenges. In some cases, siblings may accuse the executor of breaching their fiduciary duty, which can result in a court removing or replacing them.
Another common issue involves claims of undue influence. If one sibling believes another pressured the parent into changing their will or trust to their advantage, they may file a legal challenge. Proving undue influence can be difficult and often requires evidence of mental decline, isolation or manipulation by the favored sibling.
When siblings cannot resolve disputes on their own, mediation or legal intervention may be necessary. If informal resolution is not possible, litigation may follow. While going to court is rarely the ideal outcome, it may be necessary to ensure that a parent’s estate is administered properly and according to the decedent’s wishes.
