Losing a parent is not easy, but having to resolve an estate dispute with your siblings makes the process even more stressful. You may disagree with your family members if you have different ideas about what your parents wanted or how they intended to divide their assets.
To reduce the chances of conflict, a clear, well-drafted estate plan stating the decedent’s wishes in writing is necessary. When disputes arise despite those plans or when no plan exists, heirs need to understand what options are available to them.
What to review when siblings dispute an estate
If you and your sibling are disputing your parent’s belongings, review the will and other estate planning documents. Pay close attention to the following provisions, which can clarify how your parent intended the estate to be managed and distributed:
- Beneficiaries: Review the beneficiaries named in the will and the shares each person will receive. This will help determine if the division is what you and your siblings anticipated.
- Executor: The person named in the will to act as the executor must petition the court to receive official authorization. This will help establish who has to handle the estate.
- Property and business interests: Examine the provisions regarding real estate, business interests and other significant assets. These instructions may provide guidance on how to handle disputed assets.
Not every estate dispute involves a will. However, when a parent dies without one, Nevada’s intestate succession laws determine how to distribute certain property. These rules may not reflect the parent’s wishes, so they can sometimes lead to conflicts among family members.
Steps heirs can take when sibling cannot agree
Whether your parents left a will or not, reviewing the estate documents or understanding Nevada’s intestate succession laws can help you determine how the estate should be handled when siblings disagree over an inheritance. If you are involved in an estate dispute and want to understand your options, consulting a Nevada probate attorney can help you determine how to proceed.