When a parent passes away, it often rocks the foundation of families like an earthquake. Fissures can start forming among siblings, and complex family dynamics start to surface, further complicating matters. In the wake of such grief, siblings contesting a trust in California is unfortunately common. Understanding how to protect your inheritance from siblings while preserving family ties is a top priority.
At Gokal Law Group, our California inheritance litigation lawyers have helped siblings protect their inheritance and preserve their relationships with one another for years to be there for one another when they need each other most. Read our blog to learn more.
How to Protect Your Inheritance from Siblings
To understand how to protect your inheritance from siblings, we will get into the basics of a California inheritance dispute, your legal recourse, and ways you can avoid taking siblings to court. Continue reading to know the ins and outs of this process.
What to Know for a California Inheritance Dispute
When a parent dies, and there are siblings contesting a trust in California, several factors determine whether or not they stand to inherit, such as:
- Whether or not they created a will or trust
- The terms of the trust
- Surviving spouses and family members
- California inheritance laws
Typically, per California inheritance law, spouses receive the largest share over children unless the trust or will states otherwise. If there are no surviving spouses, the estate is then divided equally among siblings if the decedent had no children or living spouse.
California inheritance litigation gets more complicated when there are children from multiple marriages with different parents. Siblings may fight over inheritance for a plethora of reasons. Some common examples include:
- When they believe assets are distributed unfairly or unequally
- When there are surprises in the will or trust regarding inheritance
- When they believe they deserve more during intestate because they were the primary caregiver as their parents aged
- When siblings disagree over what to do with jointly inherited property
- Who owned what, whether by community, separate, or quasi-community status.
Regardless of your situation, understanding how to protect your inheritance from siblings while preserving your relationship with them is of the utmost importance.
How to Protect Your Inheritance from Siblings
Always start by reviewing the trust or will document carefully and determine what you have a right to inherit. Because California inheritance law and probate code can be complicated, we advise working with an attorney to unpack the complex legal jargon.
If your siblings are trying to claim that they deserve a piece of your inheritance, but the trust or will document states that you are entitled to inherit it, an attorney can protect your inheritance in court.
In situations where there is no trust or will and a sibling is trying to claim they deserve more because, for example, maybe one sibling was the primary caregiver for many years, this can get even more complicated.
In these situations, working with an attorney is especially important because they can ensure that you have a comprehensive understanding of what the estate includes to ensure you get a fair share.
In more severe cases, they will also ensure your sibling did not exploit your parent due to their old age, and if that did occur, they will be able to prove it in a court of law. Still, we understand taking legal action against siblings is often the last resort.
Attorneys can also help find alternative dispute resolutions (ADRs), like mediation, to avoid taking siblings to court, resolve your dispute, and preserve your relationship with siblings.
“After the loss of a parent, more than anything, siblings need to be there for each other. Finding alternatives to litigation is often the best option. For example, we have worked extensively with siblings who disagree about what to do with a house they inherit jointly to find solutions that bring peace to the conflict. In some cases, we have mediated a buyout. We have also created arrangements where one sibling lives in the house and pays rent to the others. Each family situation calls for specialized solutions.”
– Alison S. Gokal, Partner and Attorney, Gokal Law Group
Premier California Inheritance Litigation Lawyers
Ultimately, working with premier attorneys is the only answer if you are wondering how to protect your inheritance from siblings. An objective third party is often crucial to easing tensions and navigating this complex process. Still, if taking legal action against siblings is unavoidable, an attorney is essential to defending your inheritance.
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