A mother of three adult children passes away. In her will, she leaves the family home jointly to all three of her children. Two want to sell it and equally split the money. The third wants to keep the house where they all grew up and raise their own family in it.
What at first seemed like a simple disagreement, turns into a prolonged argument dragging on for months. The third sibling refuses to cooperate with the probate process, leaving the other siblings wondering what their options are.
When a parent creates an estate plan that is intended to clarify their wishes, the last thing they want to do is create a rift between their children over how family assets will be distributed.
However, sometimes grief, sibling rivalries, and conflicts over money all collide, creating a sibling dispute over inheritance. Unfortunately, sibling disputes are one of the most common reasons for probate estate litigation in Illinois.
When estate disputes between siblings do arise in Illinois, there are options on the table involving communication, mediation, probate or trust proceedings, and when necessary, even litigation.
What Can Trigger a Dispute Between Siblings Over Inheritance in Illinois?
Some families get along famously, while others barely interact. Regardless of how well a family gets along, sibling inheritance disputes tend to occur for several predictable reasons.
Distribution Disputes
A disagreement over the inheritance of each sibling is one of the most common reasons for sibling disputes.
One sibling may argue that mom promised them the house and that selling it would be unfair to them. Another sibling may believe that they deserve a larger share of inheritance as reimbursement for paying for their parent’s healthcare expenses. Or perhaps the will gives one sibling the house, while the others divide the remaining assets equally, which they believe is unfair.
Yet regardless of how any particular sibling feels, disagreement alone does not give one sibling the power to override their parent’s estate plan. If a parent leaves a will that gives one child more than others, the other siblings cannot demand that the court rewrite their parent’s estate plan to be fairer to them.
There must be a valid legal reason for challenging the will or trust, such as evidence of undue influence, lack of capacity, or improper execution.
Administrative Disputes
Sometimes sibling inheritance disputes don’t arise over how assets are distributed, but over how the estate is being handled.
When a parent names one of their children as executor, the executor has legal responsibilities for properly administering the estate, including under some circumstances, providing information and accountings to interested persons. The siblings may want to know why the family house hasn’t been sold yet, what expenses have been paid, or request other financial information about the estate.
Poor communication doesn’t automatically mean the other sibling is doing something wrong, but when the executor isn’t providing updates, responding to requests, or is taking longer than expected to distribute inheritances, the other siblings can potentially raise an administrative dispute.
A dispute doesn’t necessarily mean a contentious court date is unavoidable. These issues can often be resolved without litigation.
Fiduciary Misconduct
The most serious source of estate disputes between siblings in Illinois involves fiduciary misconduct by the executor. When a sibling serves as executor, they have a legal responsibility to fulfill their fiduciary duties and act in the interests of the estate, and not themselves.
There are many ways fiduciary misconduct can appear: using estate money for personal expenses, selling estate property to themselves at a less than fair value, favoring themselves or another sibling over others, refusing to provide a required accounting, or hiding information about estate property.
Illinois state law leaves a range of remedies including compelling the executor to perform their duties, ordering an accounting, removing or suspending the fiduciary, and even paying back or restoring money or properties.
Can a Sibling Delay Administration of the Estate?
A common misconception is that a sibling who believes an inheritance distribution is unfair can delay or even prevent an estate from being administered by refusing to sign probate documents.
In reality, an heir is not required to sign any legal documents in order for an estate to be administered.
Parents generally have the right to decide how assets passing under their will are distributed among their children. If a parent wants to leave one child a greater sum than others, or to leave a child out of their will entirely, that does not invalidate a will. That may not be fair, but it is also not illegal.
The bigger question is why is the sibling upset?
There is a big difference between a sibling who is unhappy with their share of the inheritance and one who challenges the legitimacy of the will or believes there has been executor misconduct.
If a sibling believes the will is invalid because of an issue like undue influence or lack of capacity, they may have grounds to raise a formal challenge of the will. If the concern is executor misconduct, they may be able to challenge how the estate is being managed, but simply being unhappy with the inheritance left to them does not, by itself, give a sibling legal grounds to stop administration of the estate.
In certain cases when a person entitled to an inheritance is unavailable, cannot be located, or their share cannot be delivered, that share may be remitted to the State Treasurer for handling as unclaimed property. The unhappy sibling does not lose their entitlement simply because the funds have been remitted, and the estate can still move forward with administration.
The Legal Options for Resolving a Sibling Inheritance Dispute
When siblings disagree over an inheritance, the goal should be to try and resolve the issue without court intervention. That usually starts with direct communication on what the disagreement actually is. A dispute over what to do with the family home requires a significantly different resolution than an accusation of executor misconduct.
For most disputes, siblings should begin by reviewing the will and any relevant documents, and directly negotiating with each other. If more information is needed from the executor, or there is an official objection, it should be delivered in writing to the executor.
At this stage, don’t assume that litigation is a foregone conclusion. Many Illinois estate disputes between siblings can be resolved simply through communication and negotiation.
If direct communication cannot resolve the issue, the next option is inheritance mediation. Illinois families may agree on the basic inheritance terms, but disagree on implementation. For example, if three siblings are inheriting a house equally, one may want to sell it, one may want to buy it, and another may want compensation for the medical bills they paid for their parent.
A mediator can serve as a neutral third party who can help the siblings negotiate a practical resolution that can be more favorable to everyone than leaving that outcome to a court.
But for mediation to work, all parties must be willing to participate in good faith.
If those approaches do not resolve the dispute, litigation may become necessary. Litigation can become necessary when an executor refuses to provide required information, when estate assets have been hidden or misused, when there is a legitimate question as to the validity or interpretation of a will, or when there is evidence of executor misconduct.
The goal isn’t to meet your siblings in court. But if the dispute reaches the stage where litigation becomes a distinct possibility, an Illinois probate dispute attorney may be needed to represent your interests.
What If a Sibling Inheritance Dispute Involves a Trust?
Not all inheritances pass through the probate process. When a parent has established a trust, disputes have several alternatives to litigation.
Illinois law allows for resolution of trust disputes using nonjudicial settlement agreements. Trust issues such as interpreting the trust, determining trustee powers, addressing trust property questions, or resolving trustee compensation disputes may sometimes be solved by mediation, arbitration, or other procedures rather than litigation.
However if needed, trust disputes can still be brought before an Illinois circuit court when necessary.
When Should You Contact an Illinois Probate Dispute Attorney?
Not every sibling inheritance dispute needs to end up in court. However, there are some signs when it makes sense to consult with an Illinois probate dispute attorney:
- Your sibling executor refuses to provide reasonable information about the estate and the distribution process
- A sibling refuses to cooperate and tries to stall estate administration
- You have reason to believe that estate assets have been misused or are missing
- The executor appears to be favoring themselves or another sibling
- A serious dispute involving properties or major assets cannot be resolved through direct negotiation
- You believe the will or trust was created or altered under undue influence or lack of capacity
- Negotiation or mediation has failed
If you’re experiencing any of these sibling inheritance dispute issues in Illinois, contact Staza Law today.
While these issues can be serious, they don’t always need to end up in a prolonged court battle. As experienced Illinois probate dispute attorneys, we can help you attempt to resolve these issues amicably with your siblings, and represent if litigation becomes necessary.