Siblings can become involved in probate litigation in many ways. A sibling may try to challenge a parent's will. One sibling may try to set aside a conveyance of real estate, or transfer other assets that a parent made to another sibling. Several cases concern whether a sibling who is an executor is fulfilling his or her duties to the other beneficiaries.
Many conflicts begin when a parent treats children unequally in a will or trust. A testator certainly can do what he or she wants with his or her property. The profligate son or nasty daughter may very well not deserve an equal share. Or it may seem unfair if the CEO son receives as much as his schoolteacher brother. But it is very difficult for a child of any age to accept unfair treatment. Wealth or professional status often does little to mitigate the myriad motions someone feels when a parent treats a brother or a sister more favorably. These emotions can fuel litigation. While all litigation should be based on good faith legal claims supported by facts, very often these emotions – right or wrong – prolong and complicate the litigation.
Parents, when devising estate plans, should consider sibling dynamics, and should consider both the emotional and financial consequences of treating children differently. There are good arguments for treating each child equally. There are also good arguments for recognizing each child's economic circumstances. Well-drafted estate plans can greatly reduce the types of legal claims a disgruntled child can make.
But sometimes the caretaker child is not quite a saint. This child may feel entitled and try to exert undue influence upon the parent to convey assets or change estate plans for the child's benefit. The courts are filled with cases where a child misuses a power of attorney or otherwise takes advantage of a vulnerable parent. These cases are challenging because the caretaker child may be part martyr and part scoundrel. The distant sibling may have a hard time contradicting the closer sibling's testimony about what the parent said or did. The closer sibling may rationalize, exaggerate or outright lie.
Full Article and Source:
Sibling Rivalry in Probate Disputes
See Also:
NASGA: An Open Door
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Many conflicts begin when a parent treats children unequally in a will or trust. A testator certainly can do what he or she wants with his or her property. The profligate son or nasty daughter may very well not deserve an equal share. Or it may seem unfair if the CEO son receives as much as his schoolteacher brother. But it is very difficult for a child of any age to accept unfair treatment. Wealth or professional status often does little to mitigate the myriad motions someone feels when a parent treats a brother or a sister more favorably. These emotions can fuel litigation. While all litigation should be based on good faith legal claims supported by facts, very often these emotions – right or wrong – prolong and complicate the litigation.
Parents, when devising estate plans, should consider sibling dynamics, and should consider both the emotional and financial consequences of treating children differently. There are good arguments for treating each child equally. There are also good arguments for recognizing each child's economic circumstances. Well-drafted estate plans can greatly reduce the types of legal claims a disgruntled child can make.
But sometimes the caretaker child is not quite a saint. This child may feel entitled and try to exert undue influence upon the parent to convey assets or change estate plans for the child's benefit. The courts are filled with cases where a child misuses a power of attorney or otherwise takes advantage of a vulnerable parent. These cases are challenging because the caretaker child may be part martyr and part scoundrel. The distant sibling may have a hard time contradicting the closer sibling's testimony about what the parent said or did. The closer sibling may rationalize, exaggerate or outright lie.
Full Article and Source:
Sibling Rivalry in Probate Disputes
See Also:
NASGA: An Open Door
