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Sibling rivalry could lead to probate litigation

| Mar 26, 2020 | Probate/Guardianship Litigation |

It is not uncommon for complicated relationships to develop between siblings over time. Siblings often have differing life goals, political views, and perspectives on how to live life.  While most people hope that their children will outgrow sibling rivalry, it can sometimes last and may lead to probate litigation. Often, the probate process can even exacerbate sibling relationships that are not typically strained.

The idea of siblings going to court over estate assets may seem a bit much, but it is a real possibility. In some cases, one sibling may think that another is getting more than his or her fair share or maybe even think that a sibling coerced a vulnerable parent into favoring him or her more. Children, even adult children, often see favoritism as one child being more loved by the parent, so siblings may have less to fight over if the estate is divided equally between them.

A dispute could also arise if the parent did not leave a will at all. Each sibling may want a specific item, and because state laws still dictate who gets what when no will or other estate planning documents exist, litigation may be necessary in order for the siblings to fight for a specific item or amount of the estate. Of course, even a will cannot completely prevent estate litigation from taking place.

If Texas residents feel that they have reason to contest a will or otherwise go to court over a parent’s remaining estate, they may want to thoroughly review their options. Probate litigation can be complicated, so it is wise to have help throughout the process. Luckily, experienced attorneys are available who could help interested individuals with such proceedings.