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Having a professional, who is impartial, can help ensure that your wishes are carried out in the way that you would have liked. An attorney may even be able to help families navigate challenging familial situations when dividing your assets and carrying out your final wishes.
Leave Assets in Stages A beneficiary might receive a final, outright distribution of their inheritance when they reach a certain age or when they achieve a specific goal. For example, you could pay a beneficiary 50% of their inheritance when they reach the age of 25, then the balance at age 30.
Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
Changes in family dynamics are a common cause of inheritance disputes. Relatives fall out and become estranged, after a will has been written. This can cause disputes between those who inherited and those who feel that they should have inherited if the deceased did not update their will.
Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime. After a parent dies, siblings can use a mediator, split the proceeds after liquidating assets, and defer to an independent fiduciary.
However, estate litigation between siblings is more common than you think. Statistically-speaking, of all inheritance disputes, 44% feature a dispute between siblings over the validity of a Will, which is more than disputes between parents and their children or other relatives.
FILE A LAWSUIT. Another option to recover STOLEN INHERITANCE is filing a lawsuit against your sibling based on breach of fiduciary duty, fraud, and other forms of abuse of power of attorney.
If a married person dies without a will, the surviving spouse inherits a usufruct over the deceased spouse's one-half of the community property until the surviving spouse's death or remarriage.