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How sibling rivalry can lead to estate disputes

Sibling rivalry is very common when children are young. They may compete to get their way or for their parents’ attention. There may be a conflict between the firstborn and the middle child or older children may feel resentful if a younger child seems to receive more attention.

Often, these conflicts fade as children become adults. But this doesn’t always mean they disappear entirely. The rivalry may just become less prominent because adults have their own lives, staying busy and seeing each other less often. However, when they come together, they may fall back into old patterns and rivalries.

Fighting over their parents’ estate

One issue this can create is an estate dispute. When a parent passes away, children and extended family members are naturally brought back together. They have to work together to navigate the process of administering the estate and distributing assets.

But if siblings still have unresolved rivalries, conflicts may arise over who should receive specific assets. If the estate plan isn’t clear on how sentimental assets should be divided, siblings may fight over items with emotional significance. They may also believe that the estate plan favors one child over the others, leading to disputes. Even if this perception is incorrect, the belief that one child was always preferred can spark arguments and litigation if siblings feel the estate plan is unfair.

Moreover, long-standing rivalries can sometimes lead to accusations of fraud, forgery, undue influence or other estate-related misconduct.

These situations can become highly complex. Families navigating the probate process or facing estate litigation must understand their legal options and the steps they need to take.

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