What Are Sibling Inheritance Laws?
Sibling inheritance laws can vary significantly from state to state, with different laws in other countries as well. Yet the basic point of these laws is straightforward: they determine how the estate of a deceased parent will be divided among siblings. It is important that families who have lost a loved one are aware of how the exact process unfolds, and how their wealth will be split up. In some cases, elder siblings may seek to dilute the inheritance of their younger siblings, which can be problematic for family dynamics moving forward. In most circumstances, the purpose of sibling inheritance laws is to determine the share of assets that each sibling will receive. These laws are especially important when no heirs, or illegitimate children, exist and the state will have to follow probate laws to divide the assets of the parent . In the case of intestacy (meaning, when a person dies without a legally constituted will), sibling inheritance laws will require the executor to divide the property equally among all siblings. Once again, in the absence of a legally drawn up last will and testament, this division will apply to anyone recognized as an heir by the state, so it could also include children who have not technically been legitimized yet (such as children born out of wedlock). If any sibling has been disinherited, or if the share of the estate belonging to one or more siblings should be reduced, the process for determining the appropriate division is somewhat more complex. As always, one of the most effective ways to ensure protection against potential disputes between siblings is to set everything out clearly in a properly devised will.
Hierarchy of Inheritance: Siblings’ Place
In a basic sense, if no other family members exist, it is likely that siblings will inherit from their deceased sibling. However, the family hierarchy quickly becomes more complicated. Even if a sibling has been cut out of the Will (or if there is no Will), if the decedent had children, then those children are likely to inherit from the decedent. If the decedent had a spouse, the spouse may inherit from the decedent in addition to any children. If the decedent had parents and no children or spouse, then personal property (not including real estate) may go to the decedent’s parents. If the decedent had grandchildren, they may inherit from the decedent as well as the decedent’s brother or sister, depending on the circumstances. In contrast, an aunt or uncle rarely gets a specific mention since the closest blood relatives will always be preferred ahead of aunts and uncles as heirs.
Siblings therefore inherit only after all other potential beneficiaries are ruled out. To help visualize the typical family hierarchy that can invoke the types of setbacks described here, an approximate chart is listed below:
Intestate Succession and the Rights of Siblings
In the absence of a will, the law generally provides for the distribution of an estate and the appointment of a personal representative (executor or administrator) of the estate. When someone passes away without a will, state law determines the distribution of the estate to heirs through a process known as "intestate succession." Siblings are considered "kindred" (blood relatives) under the probate laws of all states. Therefore, a decedent’s siblings will be entitled to inherit from the estate if the decedent had no spouse, children, grandchildren, parents, or grandparents. The amount ultimately inherited will depend on several factors.
If a person passes away with a spouse (or partner under Florida’s decision in Capato), children, or parents surviving, intestate succession will leave nothing for the decedent’s siblings to inherit. This is true because, as stated above, siblings are not entitled to inherit from the estate provided one of these other heirs is alive. Instead, those persons will be appointed as personal representatives, handling any probate matter necessary for the collection of assets and payment of creditor claims.
Even if a decedent’s spouse or parents are still alive, the decedent’s siblings may be entitled to inherit a share of the estate in certain scenarios: Example 1: Suppose a person passes away having been survived by a spouse, four siblings, and a mother. The decedent’s spouse (surviving partner enjoying rights comparable to those of spouses), will inherit one-half of the estate, followed by the siblings. If all four surviving siblings join together and consent to the disposition of the remaining property by a court-approved petition (thus preventing a jury trial), each sibling will inherit 16.6% of the estate. Example 2: Suppose a person passes away having been survived by three siblings, a son, and a mother. Also suppose that the decedent had been married for just a month at the time of his death. The surviving son will inherit one-half of the estate leaving 25% for each of his siblings and mother. Example 3: Suppose a person passes away having been survived by a spouse, only one child, and four brothers. Assuming no spouse election, the decedent’s child will inherit one-half of the estate. His four brothers will jointly inherit the other half of the estate if they all consent to the division by a court-approved petition. Otherwise, the brothers will inherit the estate equally if a court order formalizes the division (meaning that a jury trial determines the appropriate division). Example 4: Suppose a person passes away having been survived by a spouse, two children, and a sister. The sister will inherit a substantially smaller amount than her nieces and nephews assuming one of several rules applies.
Legal Concerns Related to Sibling Inheritance
Sibling inheritance can create family problems. Adult siblings may contest the validity of the decedent’s will, claiming that a prenuptial agreement constitutes a will and claiming that a parent was under undue influence (or lacked capacity) when a will was made. Siblings may also fight over claims of unequal distribution of money or property. If there is no will, siblings may argue over the gravamen of what constitutes a half-blood (especially if a half-blood sibling dies before the testator) and whether or not a guardian ad litem should be appointed.
Common legal challenges to distributions among siblings include:
Will Contest and Guardianship Cases
Will contests and guardianship cases often go hand in hand. A will contest is a civil lawsuit in which a person (the contestant) asks the Court to invalidate a will because of a lack of capacity, or undue influence, which generally includes allegations of threats and intimidation at the time the will was made. In the will contest, an appointed Guardian ad Litem (GAL) represents the interests of the decedent, analyzes the pleadings, takes sworn testimony and conducts a formal investigation regarding the family dynamics and improper influence of the decedent’s relatives .
Undue Influence
Undue influence generally refers to a situation in which the testator becomes susceptible to someone who then takes advantage of him or her, contrary to the decedent’s wishes, thereby resulting in an inequitable distribution of property.
Half-Bloods
The term "half-blood" means persons who share only one common parent, but not both. For example, half-blood siblings may include the child of a decedent who has remarried and had children with a second spouse. Without a compelling reason, the Pennsylvania Supreme Court has held that a child born of an "equally" guilty party (e.g., an adulterous father) cannot actually inherit from the guilty ancestor who is accused of having been complicit in the adultery. See Davis Estate, 388 Pa. 282, 130 A.2d 364 (1957).
Consanguinity
A more prevalent problem concerns whether the parties are in fact excluded from an intestacy and the general principle of consanguinity, i.e., a parent and child relationship. There are many hurdles faced by siblings when attempting to prove that they are in fact the children of the decedent (entitled to inherit from him or her). A class action waiver specifically waiving inheritance rights can be utilized where biological parents are either married or living together, but have no intention of establishing legal parenthood. See Scherer Estate, 594 Pa. 187, 934 A.2d 1247 (2007).
Actions to Ensure Equitable Sibling Inheritance
While sibling rivalries may emerge over personal effects and toys in childhood, these divisions can grow serious if proper consideration hasn’t been made for the distribution of larger estate assets. When a parent has re-titled assets between children or selectively gifted to one child over others, this can lead to resentment and legal battles between siblings involving significant legal fees and lasting hurt feelings that can impact familial relationships for years to come.
1. Understand Sibling Rights in Your State
State law controls the distribution of property. Within each state, there are laws to determine how assets pass when there’s no estate plan. Once an estate is opened, inheritance laws will trigger to dictate what happens to your property. The laws vary state by state and may even differ when it comes to estate assets in a trust. The good news is that you can work to change how your assets might be distributed by enacting a well-considered estate plan.
2. Review Your Estate Plan
Estate planning involves making a plan with respect to all of your assets during life as well as how these assets are to be distributed after death. Selling family heirlooms to provide equal distributions among beneficiaries may be a more equitable solution than giving them to one sibling or allowing your children to fight over their value. Have this discussion during your life and have it in writing. If you haven’t made an estate plan, you can also donate items of value to charity in order to make an equalizing distribution among your children and perhaps achieve a better estate tax outcome.
3. Consider Alternative Planning Strategies
In some cases, it may make sense to consider a joint trust. By transferring assets into a joint trust, ownership will transfer from the individuals (A or B) to the trust itself (A+B). Both parties continue to control the assets while they’re alive. However, a joint trust will control what happens to trusts assets in the event of the death or incapacity of one of the of the spouses, sometimes leveling the playing field for some families.
The Importance of Legal Representation in Sibling Inheritance
As outlined above, sibling inheritance can become complex. It is important to have legal counsel with experience in this area to properly advise you regarding your complicated family structure. Your attorney will need to determine whether there is a trust or other document related to the estate and what that document contains in order to determine if the will or trust is valid. If you believe that foul play is involved, an attorney will help coordinate the family to make sure that any bad actions are dealt with prior to them moving money out of the estate.
Laws differ depending on location and you need to make sure you are following the laws relevant to your situation. For example, if the siblings live in California and in Canada, then you will need an attorney in both locations to ensure the rules of the respective countries are followed properly. They will walk you through the process and help you submit any necessary court petitions to lay out the rules relating to those siblings .
If there is a dispute over whether a sibling should inherit based on his or her relationship to the decedent or on whether a sibling or one of the spouses of a sibling is entitled to an inheritance, the court will need to determine the intention of the decedent prior to the passing. This can be challenging and may take considerable time and cost. An attorney will be able to help expedite the process with proper evidence and research of family law.
In short, you don’t want to wing it when there’s potential for challenges in a distribution scheme. This is doubly true for questions regarding paternity. Many states have court procedures for establishing the fact that one person is legally the parent of a child. An attorney can work with a client to establish positive results. These court findings of paternity can then be used in order to establish rights of inheritance against other heirs.