Disputes might arise among siblings who are taken aback by the terms of a will. It’s also common for siblings in California to feel that their assets have been unjustly allocated.
What happens during a sibling inheritance case?
Inheritances (including money, real estate, and jewels) are usually dispersed to heirs according to the terms of the decedent’s testament. Parents are not obligated to leave anything to their children, and they are free to have their assets distributed in any manner they see fit upon their death. Some families opt to divide their assets evenly among their children, while others may have particular requests for individual beneficiaries.
Death “intestate” occurs when no will exists or when just a portion of the deceased person’s assets gets distributed per the terms of the will. If an individual dies without a will, the state’s probate court takes on the responsibility of distributing the estate to their legal heirs.
Inheritance among siblings
In the state of California, depending on whether the deceased spouse left behind one or more children, the surviving spouse will get either half or a third of the separate property. The remaining half or two-thirds of the decedent’s separate property passes down to the children on a per stirpes basis.
It’s possible for sibling inheritors to disagree over the best use of parental real estate or personal property. It’s possible that someone might like to buy it, while someone else would prefer to keep it. A buyout tends to be the most straightforward option. One sibling can buy out the others to gain full ownership of the home. If one heir wants to keep the property but can’t pay the other heirs all at once, they might be able to set up a payment plan with interest.
Is per stirpes a good idea?
A per stirpes designation ensures that a deceased beneficiary’s share of the estate gets distributed proportionally among his or her own heirs, typically children. The term “per stirpes” describes everyone in a person’s direct line of descent, excluding the spouse.
Answers to inheritance questions
Inheritance issues among siblings may occur because one or more parties can’t reach a consensus on what to do with family property. No matter the cause of the inheritance difficulties, there are legal statutes in place that serve as solutions. The first step in effectively handling sibling inheritance issues consists of understanding these statutes and using them to your advantage.