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How to Handle Inheritance Disputes Among Siblings in Texas
After a loved one passes away, dealing with the inheritance is never emotionally easy, even when things go well. But when siblings disagree about how the inheritance should be divided, the situation becomes exponentially more difficult. A Dallas probate litigation attorney can help you resolve this issue as quickly as possible.
How to Handle Inheritance Disputes Among Siblings in Texas
Some Basics
If someone dies in Texas without a will, this is known as dying intestate. When that happens, Texas law and the court will determine how the assets are divided. If the deceased was married, the surviving spouse gets a major portion of the estate and the children split the remainder equally. If there’s no spouse, then typically the court will order that the siblings equally split the estate. Disputes can arise here when one sibling has been caring for a parent prior to death and the other siblings have not, or when one sibling is in significant financial straits and the others are in good shape.
When there is a will, the will always dictate how assets are distributed unless the will can be proven to be fake or to have been made under duress. When a sibling feels that they’ve been cheated in comparison to their brothers or sisters, it’s common for them to question whether the will was valid. Things can become especially complicated if you’re dealing with a handwritten will. Texas recognizes both handwritten (holographic) wills and formal wills, but they must both meet the legal standards, like being signed by the deceased and witnessed. It’s much easier to bring that sort of contest with a handwritten well than with one that has been formalized with the help of a lawyer.
Finally, bear in mind that Texas community property laws can affect the way assets are distributed after the death of a parent, if they were married. Assets that are acquired during a marriage are community property belonging to both spouses, regardless of who actually acquired that property. Community property is split between spouses and heirs. However, separate property, which is any property that was owned outright by one of the spouses before marriage or which was inherited by them alone during the marriage, would only go to the designated heirs and could not be claimed by the other spouse or divided under intestate laws. For more information on how these laws might affect your situation, be sure to talk to a lawyer.
Probate Court and Inheritance Disputes
Probate is the legal process of validating a will and distributing assets, and this is done in the Texas probate courts. The process begins when the executor of the estate files the will with the county court. The executor then has to deal with any debts and taxes that might be owed, and once that is done, the executor will distribute the estate either according to the terms of the will or according to intestate laws if there was no will. At any point after the will is filed, one of the beneficiaries can challenge its validity. If a challenge is brought and the court sees it as legitimate, it will initiate an investigation.
Texas probate can either be “independent” or “dependent.” Independent probate is common with clear wills where there is no dispute. The court only exercises minimal oversight in these cases, and assets can be divided quickly. Dependent probate is used when disputes arise or the will is unclear. In a dependent probate case, there’s a lot more court supervision and delays are common. Costs will also be much higher.
Resolving Disputes Through Communication
Resolving disputes is never a simple thing, but the first thing to do is to try communicating. Try having a calm, private meeting among your siblings to discuss your concerns. You can often do this most effectively in a neutral setting, like the office of a lawyer. This may help to keep emotions in check. Be sure to allow each person to express their views without interruption, and focus on listening to their needs rather than on making accusations. Remember that if you can stay calm, it may go a long way towards helping siblings stay calm, as well.
Active listening is important here. For example, if one sibling feels cheated because another sibling received the family home in the will, they might calm down once they learn that the decision was based on caregiving responsibilities. Clarifying misunderstandings can do a lot to de-escalate tensions.
If emotions run high, a professional mediator can guide the conversation. These professionals are trained to facilitate fair discussions and help people reach agreements without taking sides. They can help you focus on solutions rather than emotions. Practical solutions might include trading assets, for example, and sometimes it’s worth it to compromise to preserve a relationship. If you do come to an agreement this way, be sure to write it down once you’ve finished so that everyone is on the same page and there’s no confusion later about what was decided.
Legal Options for Resolving Disputes
Obviously, not all disputes can be resolved through communication. Going to court may be required, and a beneficiary can contest a will in the probate court within a two-year window of the will being admitted to probate. Whoever is challenging the will needs to provide grounds for their challenge. Common grounds include arguing that the deceased did not have the mental capacity to know what they were doing when they made the will, that someone coerced the testator into writing the will’s terms, or that the will itself was forged or is otherwise fraudulent.
Courts can be very costly and lengthy, so it’s always important to weigh the emotional and financial toll before taking this route. A court battle also means a lack of privacy for everyone. Arbitration is a less formal option. An arbiter is a bit like a mediator in that they hear both sides and remain neutral, but an arbiter will make a decision, and that decision is binding. Working through arbitration can often allow things to be resolved more quickly and cheaply than court.
Preventing Disputes and Your Dallas Probate Litigation Attorney
While some disputes may be inevitable given the temperament of the people involved, it’s always possible to minimize these disputes by making sure a will is perfectly clear. A Dallas probate litigation attorney can not only assist a beneficiary in bringing or defending a challenge to a will but can also help you write your will and develop your estate plan in a way that minimizes any possibility for contention.
Open family discussions about the estate plans while the parents are alive can prevent disputes later on, especially if parents explain their decisions if they plan to give one sibling more than the others. Even more important is having a clear, legally sound well that has been made with the help of an experienced attorney who makes sure the will itself is clear and legal and can also testify later to the state of mind of the testator.
Dealing with a will and inheritance dispute is never easy. If you’re facing a dispute over probate, contact Ford + Bergner LLP in Houston, Dallas, or Austin, TX now to schedule a consultation.
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