When a parent passes away, and an inheritance is on the line, it is an unfortunate reality that sibling rivalries can surface. Siblings may feel entitled to a portion of your inheritance, especially if they feel you received more than your fair share. If you have found yourself in this situation, you might wonder, Can my brother sue me for my inheritance? Whether or not they can depends on the specific circumstances of your case.
At Gokal Law Group, we have spent years helping beneficiaries defend and recover their rightful inheritance through litigation and mediation. Here’s when a sibling can sue you for an inheritance.
Can My Brother Sue Me for My Inheritance?
All current beneficiaries, beneficiaries who were in previous versions of a will or trust, and heirs have the right to sue other beneficiaries or the trustee for their inheritance.
Siblings usually have the right to file a lawsuit if they believe their inheritance rights have been compromised due to undue influence or changes in the legal documents. If the will or trust was forged, obtained by fraud or undue influence, this is often grounds for litigation.
Let’s explore situations where your brother (or sister) could sue you for your inheritance.
Related Article: The Emotional Toll on Siblings Contesting a Trust in California
When Can My Brother Sue Me for My Inheritance?
If you are in a position where you are both the trustee and a beneficiary of a trust, you have a significant responsibility to uphold your fiduciary duties (i.e., acting in the best interest of the trust and beneficiaries and never putting your interests first).
Failure to uphold these duties as a trustee who is also a beneficiary is grounds for a lawsuit. For example, imagine you are the beneficiary of a trust and the trustee, and the trust holds a house as an asset. In this hypothetical situation, let’s say you allow your child to live in the house rent-free.
This act is a breach of your fiduciary duty because you are failing to make the trust profitable and showing a clear conflict of interest. Your brother or sister, if they were beneficiaries, could theoretically sue you, and the court could compel you to repay what was lost in unpaid rent—which could come out of your inheritance.
Another situation that could provide grounds for your siblings to sue you for your inheritance is any instance of undue influence. Undue influence is using manipulation, coercion, or deceit to affect someone’s decision-making.
In matters of estate planning or trust administration, this could mean taking advantage of someone’s old age and coercing the person who created the will or trust to make decisions in your favor, such as leaving you a greater portion of their estate.
In some cases, one sibling may assume they are entitled to a larger portion of the estate if they are the caretaker for the parent, but this is not the law.
If you and your sibling cannot reach an agreement on how to divide an inheritance property, a partition action is an option. A partition action compels the court to force the sale of inherited property and divide proceeds among siblings.
“These scenarios are unfortunately common. When one sibling is entrusted with greater responsibility in administering a trust or inherits what is perceived as an unfair portion of the estate or an item that holds sentimental value, sibling rivalries surface. It is not uncommon in the wake of a parent’s passing to mistake the size of your inheritance as a measurement of how much they loved you. Regardless, in these situations, you need an attorney on your side who can help pursue alternative dispute resolutions and, if necessary, succeed in court.”
– Alison S. Gokal, Partner, Gokal Law Group
Related Article: What to consider When there Are Siblings contesting a Trust in California?
Is Your Brother Suing You for Your Inheritance? Contact Us to Defend Your Inheritance!
So, can my brother sue me for my inheritance? Yes, if they suspect foul play, beneficiaries, former beneficiaries, and heirs have the right to take legal action against you. If your sibling is suing you, you deserve a legal team with extensive experience and specialized expertise who will always take a personalized, client-centric approach to helping you. And at Gokal Law Group, that’s exactly what you get.
Visit our Contact Page to schedule a free consultation for comprehensive representation. Our firm has a strong reputation and track record of proven results and obtaining favorable outcomes for clients in trust and probate litigation matters.
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5 Responses
I need a attorney who can help me with my mom state my brother has mentaly and financial abused her for many years he took all her titles and papers out of her him she told my daughter she couldn’t find it 5 days before she passed. He had her phone she could not call 911 . She cut him out of her life again for 10 years he manipulated his way back into her life he is a pathological lier and saying she was not in sound mind. When my daughter and I talk to her 3 to 4 days a week for hrs at a time he had her cremated less then 24 hrs after death . Clean out her valuables took her car 3 hrs after she passed nobody knows the truth he denied any toxicity test. Obituary . Now has a attorney wanting me to sign all rights giving up my rights putting him in charge . If I don’t they will patiom courts. No body knows what he doing . He has my life Fe policy my mom carried for years on me for $75 thousand dollars and is not telling me about it. He took policy out on her days before she dided saying it was void cause it wasn’t active till weeks after she died. Telling me the funeral home cut open her body bag . Brown stuff running out of her mouth the more he wiped the more it came out her skin was slimy cold she had tubs down her throat and kept repeating this saying he still fix her hair. This is all his sick twisted lies. Next time he tried telling me these sick story’s he God mad I didn’t want to hear it he wants sympathy this is just a small part of his crap and this is where is mind is . I need help or he will manipulated and is taking everything as he tryed putting her in a home years back to take everything he told me I stoped him from making her feel she losing her mind. This time she was moved to Pennsylvania with in one month she was dead. Funeral Home told me they were going on what my brother told them.
Do you only practice in California?
My name is Tee (Terry) Barkdull… My sister is the Trustee of my Late Mothers Trust… I have a feeling that the Lawyer in NOT very honest also….
I need to know more about where you are located? I cant use anyone from St George Utah…..All those Layers in St George are Good Friends and Good Old Boys!!!
My brother died without a will and our oldest took his money from the bank. At first she sent me a text message that if ever she got the money she will equally divide it among the 7 living siblings. The 3 of us did not get our share. My bother died last September of 2021. She produce a document that my brother stayed at their house which is a lie.
My brother has persuaded my other brother’s children when he passed away that they need to sign some papers so he can take so he can square along with the foreclosure, but I am the success of the property and he’s doing this behind my back. So he’s telling him that the house is gonna be foreclosed, but she’s not foreclosed. No foreclosure, I paid to build up front. It’s built, is not do so what can I do?