Siblings’ Rights After Parents’ Death: What You Need To Know

Key Takeaways

• After a parent dies, their children have several specific rights according to state law.
• Siblings’ rights after their parent dies are often equal, but may change depending on if the parents left a will and whether there are other heirs involved.
• Conflicts may arise between siblings over their share of an inheritance or how to divide the estate property.
• If you suspect an inheritance dispute between you and your siblings, you should contact an estate litigation attorney as soon as possible. 

Introduction

After a parent dies and leaves behind assets for their children to receive, it may leave some remaining questions for the children to sort out as they look to understand their rights compared to their siblings. Sibling inheritance rights after a parent dies are often complex, as there are many different scenarios that can arise and affect who inherits what. 

Siblings typically have equal rights to their parents’ estate by law, but the actual inheritance can depend on whether there is a surviving spouse, if the parent left a will, and other unique circumstances. 

Understanding your rights among your siblings after the death of a parent and during the estate administration process is crucial for avoiding confusion or disputes while protecting your own to an inheritance. The guide below will provide you with insight into what you can expect in a variety of scenarios.

What are siblings’ rights after a parent’s death?

After a parent’s death, each of the children is considered as an equal sibling with standing to inherit at least a portion of the remaining estate. However, their exact inheritance rights and entitlements will depend on several factors:

• Whether the deceased parent left behind a will or trust
• Whether their deceased parent had a surviving spouse 
• State inheritance laws 

If there was a will or trust, each of the siblings would receive the amount specified according to the will or trust. If there is no will, then the distribution of the estate will follow the line of succession according to state intestacy laws. After a parent dies, the line of succession includes the spouse, domestic partner, and then children. Given this line of succession, each child will inherit the same share of the estate as their siblings.

In addition to potential inheritance rights, other rights may include the right to information about the estate planning documents, the right to notification about transactions involving an estate or trust, and the right to request an accounting.

Understanding siblings’ inheritance rights

In California and Texas, the legal inheritance rights of each sibling are limited to those who have a blood relation to the decedent, are legally adopted by a parent, or are included in the will.

The exact amount of a child’s inheritance after their parents’ death may vary depending on their relation to the decedent, whether there is a surviving spouse, the amount reserved for creditors, and the terms that were laid out by the parents in the will or trust.

Consider some of the following scenarios:

• If the parents have passed without a will, but they have left behind a surviving spouse, the spouse will receive all community property and 50% of separate property, with the children splitting the remainder equally. 
• If the parents passed without a will and with no surviving spouses, the children will be first in line to inherit with an equal share of the inheritance. 
• If the parents passed with a will or trust, siblings will inherit according to the terms specified in the will or trust.
• If the parent excluded any of the children from the will, those children will be removed from any right to an inheritance.

Every case is different so it’s important to consult an attorney to understand the unique circumstances of your case and what your inheritance may be. 

How is estate property divided amongst siblings?

The family home is often one of the most common areas of dispute among siblings after a parent dies. If a parent has died and left the family home to their children, there are a variety of scenarios that may play out:

• One child inherits the house and their siblings receive an equal distribution of the remaining assets in the estate.
• The executor sells the inherited property and the proceeds of the sale are equally divided amongst all the beneficiaries.
• The parent identifies only one of the siblings in the will or trust to receive the home, and the other siblings will receive other assets according to the will or trust.

Keep in mind that this is not an exhaustive list—as with any case of sibling inheritance, the above cases will depend on factors like whether their parent had a surviving spouse or specified their preferred outcome in a will or trust. 

If there are disagreements about how to divide the property amongst siblings or there is sentimental value to the home involved, the siblings may be able to work out an agreement in negotiations.

Because every case may have its own unique circumstances, it’s best to consult an estate administration attorney to determine the legal avenues that exist and what the line of inheritance looks like within your family.

What are the rights of half-siblings after their parent’s death?

After a parent’s death, a half-sibling or step-child may be entitled to a share of an inheritance depending on the circumstances and the parent that has died. Half-siblings have the same rights as full siblings if the deceased parent is their biological parent or if the child has been adopted. 

However, if the parent that has died is not a biological parent, only the siblings who are biologically or legally related to that parent will have a right to inherit. A half-sibling without a direct relation to the decedent has no inheritance rights unless they are identified as a beneficiary in the will or trust. 

What if a sibling is omitted from a will?

In some instances, a case of pretermitted heirs, also known as omitted heirs, may arise after a parent dies. An omitted child is an individual who has been unintentionally left out of a will by the will creator. This often happens as a result of a child being born or legally adopted after the parent has created a will and then forgets to update their estate plan afterward.

Both California Probate Code §21620 and Texas Estate Code §255.053 explain that pretermitted heirs have a right to an equal share of an inheritance as any of the other siblings who were included. In this case, filing an affidavit of heirship may be necessary to prove the omitted heirs’ right to an inheritance. 

However, if any of the siblings are intentionally named and excluded from a will by the parent, then they will not have any right to an inheritance as it would be against the wishes of the decedent. 

Are all siblings entitled to see a will or trust? 

Not necessarily. In some states, siblings are only entitled to see a will or trust if they are listed as beneficiaries in a will or trust. Siblings may be excluded from a will or trust by a parent—if so, they will not have a legal right to review the estate planning documents. 

In California and Texas, direct heirs are entitled to a copy of the will or trust regardless of whether they are listed as beneficiaries. Children of a deceased parent and their siblings would all have a right to review the documents as direct heirs and relatives.

However, if you believe you were unfairly excluded from a will or trust or that you should have access to the document, then you should contact the executor of the estate or trustee. If they refuse, you can consult an estate litigation attorney to go over the details of your case and discuss your options.

What is intestate succession and when is it necessary? 

Intestate succession is the process in which estate assets are distributed according to state intestacy law rather than the terms of a will because the decedent left no will or the will was invalidated due to a factor such as undue influence or fraud. 

Without a will to guide the distribution of assets, state intestacy laws determine which heirs are in line to receive the inheritance. During intestate succession, an estate administrator is required to distribute assets according to state laws, regardless of what they think the decedent would have intended. 

It’s important to note that intestacy laws only apply to assets that would have been disposed of by a will if one existed. Excluded assets are generally owned jointly or name a beneficiary upon the owner’s death, so the surviving co-owner or the beneficiary will inherit them. Those assets are commonly referred to as “non-probate assets”, “non-probate transfers” or “payable on death transfers.”  Also, assets held in trust generally are not part of the probate estate but are instead distributed according to the terms of the trust. 

A proper estate plan through a will or trust can help prevent the need for intestate succession entirely. 

How to navigate sibling inheritance disputes

Uncertainty in sibling inheritance rights can lead to potential inheritance disputes. If an inheritance dispute does arise, it can be addressed through litigation. However, it’s often better to avoid litigation whenever possible. Litigation is often costly and time-consuming, which means it can reduce the value of an estate as well as delay the estate administration process. 

Not to mention, litigation can quickly fracture family relationships. Instead, consider alternative dispute resolution methods for problems between siblings to come to a reasonable agreement that minimizes disruption.

Common resolution methods include: 

• Mediation – Mediation allows siblings to discuss their ideal outcomes with a mediator, such as an attorney, to find a middle ground that all the parties can agree to. 
• Negotiation – Negotiation provides all siblings the chance to set their terms for an agreement and work to find a solution that will meet their preferences.
• Arbitration – Arbitration is more advanced than negotiation or mediation but less involved than litigation; a non-judicial arbitrator hears both sides and decides on a middle ground. 

The above options promote open dialogue and communication to minimize the risk of more time-consuming and more damaging disputes. Using one of these avenues can allow all siblings to find a resolution that they are comfortable with rather than go through the courts for an all-or-nothing ruling from a judge.

How to prevent sibling inheritance disputes

Communication and transparency are two of the most crucial elements in preventing sibling inheritance disputes. It’s important that communication and clarity exist both during estate planning and administration. 

The best way to prevent sibling inheritance disputes is through the estate planning process. A parent who has a clear estate plan that outlines which children will inherit what is the best tool for preventing disputes fueled by sibling rivalry or disagreement. 

Siblings cannot successfully contest a will during probate if the will is valid and justified. However, this can also be avoided entirely if families have open discussions about how to handle assets with sentimental value and discuss which siblings would prefer which assets.

During the estate administration process, sibling inheritance disputes can often be prevented through open communication. It’s important that the executor maintains consistent communication with all beneficiaries throughout the estate administration process, ensuring they understand what actions the will calls for, what transactions are made, and why they must be taken. 

Case scenario: Sibling inheritance rights after parents’ death

The following hypothetical scenario may help illustrate the complexities that could arise in a sibling inheritance dispute following a parent’s death, highlighting potential challenges as well as possible legal mechanisms and outcomes.

Marie was an entrepreneur who valued her family and her independent business. She passed away, and was survived by her three children, Rosa, Angelina, and Victor. Unfortunately, her husband, David, passed away years before. Rosa and Angelina were Marie’s biological children. Meanwhile, although he was considered family, Victor was David‘s biological son from a previous marriage and was never legally adopted by Marie.

It was believed that Marie left a will, but due to her unexpected passing, nobody could find an estate planning document. The estate then entered into intestate succession, leaving the remaining assets to be divided equally amongst Rosa and Angelina, according to state intestacy laws with no other legal heirs.

As a half-sibling by marriage and not a biological child of the decedent, Victor was not legally entitled to an inheritance, but as a close part of the family, he felt that he was entitled to something. During probate proceedings, Victor attempted to negotiate with his two sisters for a portion of the estate—they ended up offering him 10% of the estate value. Although they were not legally required to offer him anything, he still felt this was unfair and would’ve been against Marie’s wishes.

With his certainty that Marie mentioned a will in the past, he engaged the support of a probate administration attorney. With their help, they were able to find a will through a diligent research process, consulting past financial advisors. The team was then able to enter the will into probate. Marie specified in her will that Victor should receive 20% of her assets, with the other two children to each receive 40%, which the executor was required to honor. 

This case scenario highlights the value of a will for estate administration, the importance of carefully considered estate planning documents, the importance of knowing where those documents are, and the complications that can arise in a unique situation. Remember, every case is unique, so it is important to consult with an experienced probate litigation attorney to determine the best course of action for your situation. 

When should you contact an attorney?

You should contact an attorney as soon as you believe there is an issue with the probate or estate administration process. An attorney is a valuable resource for navigating conflicts to preserve the best interests of an estate and its beneficiaries.

Consider contacting an attorney if you suspect any of the following: 

• A sibling is disputing their share of the inheritance
• Someone is questioning the validity of the will or trust 
• There is confusion about how to follow or administer a will or trust
• There is ambiguity within the will or trust document
• You believe a sibling is stealing from the estate

An attorney will assist you with navigating any challenges or questions that may arise during the probate and estate administration process. The sooner you contact an attorney, the sooner you can begin building a case to secure your rights and uphold the interests of the estate.

Understand your rights with the help of RMO Lawyers

Siblings have unique inheritance rights, which may vary depending on the number of heirs related to the decedent.  If a parent dies intestate, children are first in line to receive a share of an inheritance if there is no surviving spouse, with each of them receiving an equal share.

If you are unsure of your inheritance rights or are experiencing an inheritance dispute after the death of a parent, RMO Lawyers can help. With decades of experience in estate and probate administration, we’ve handled countless cases involving siblings’ inheritance rights after a parent’s death and will work to secure you access to your rightful inheritance while providing close and careful support.
Schedule a free consultation with our attorneys here at RMO Lawyers to learn more.