When siblings lay claim to the same assets and cannot agree, one option is to sell the assets and split the proceeds. Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.
Why do siblings force the sale of inherited property?
If your goal is to keep your parents’ property when they die, you may wonder why siblings would force the sale. There could be many reasons, from the personal and emotional to the practical and financial. One of the main reasons that siblings would force the sale of their parents’ home is because they want cash instead of the house.
Can a sibling decline to be an executor or trustee?
Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.
What should I do if my siblings inherit my house?
The first step if you are inheriting a house with your siblings is to file probate. Probate is the legal process where the assets of the estate are handled and dispersed to the heirs after creditors have been paid. While you can avoid probate with some estates, most of those that include real property will need to go through the formal process.
How to avoid legal challenges from disinherited siblings?
However, to avoid legal challenges by a disinherited sibling, a parent should consider discussing the matter with the child or explaining the reason in the will. Another good practice is to use a trust to specify property dispositions after death.
How does sibling rivalry affect a parent’s estate?
Sibling rivalry and fears that mom liked one child best are often played out after a parent dies and it’s time to divide up the assets in a parent’s estate. Sibling disputes can result in lengthy and expensive legal actions.
How can parents help siblings with estate planning?
Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime. After a parent dies, siblings can use a mediator, split the proceeds after liquidating assets, and defer to an independent fiduciary. Estate-Planning Steps for Parents
