Major Causes of Inheritance Disputes from Siblings: And How to Prevent Them

Why is one sibling angry about another siblings’ inheritance from a parent’s estate? The potential answers to that question range from suspicions of fraud, undue influence, perceptions of unfairness, misunderstandings of what the expected inheritance was to be…there are many common pitfalls in trust and estate planning. Even well-meaning siblings and close families can fall victim to heightened emotions of grief coloring their reactions to unexpected loss of expected inheritance.

In this article we aim to help families be proactive as they are building their estate plan. By understanding common legal claims that arise between children after parents pass away, we can proactively build an estate plan and discuss with our children what their expectations should be. We also aim to begin a discussion on the impact probate litigation can have on your estate. For official legal advice and to continue this discussion with experienced trust & estates legal counsel, contact an experienced trust & estates attorney with the Forsythe Law Firm.

Why Sibling Disputes Can Happen

Love and money often conflict, and bring even the closest of families to blows. In trust and estate matters, disagreements will often stem from one sibling being surprised that they did not inherit what they thought that they would. They might feel that another sibling unduly influenced the parent, and/or one family member may discover that another family member had been taking actions that drained the estate prior to the parent passing away. There are, really, innumerable ways that family dynamics might interact to create a ticking time bomb of litigation once actual inheritance designations are made known.

Common Legal Claims

Common legal claims that a sibling might bring to contest a will or try to regain what they feel was meant to be their inheritance include:

• Undue influence: if one sibling improperly influenced a parent prior to their death and improperly interfered with their sibling’s inheritance, the affected sibling can bring suit.
• Fraud: there are many ways that a person can commit fraud in a way that impacts inheritance. A sibling can attempt to document actions that the other sibling took/are taking that impact their inheritance and bring suit to recover from that fraud. An experienced trust & estates attorney can further detail potential fraud cases and what can be done to resolve them.
• Breach of Fiduciary Duty: sometimes a sibling is put into a position of fiduciary trust. When/if they breach that trust, an impacted sibling can attempt to bring suit to remove the sibling from their trusted position and recover from them.
• Invalid will: often, a will is submitted that is fraudulent, or not the most recent last will and testament. Assertions that a newer, valid will exists can potentially change everything.

Impact

Sometimes legal action is the best course of action, if a sibling is acting in bad faith and you need to safeguard your parent’s estate and your own inheritance. However, litigation can be lengthy and comes with inevitable costs and fees. Building a solid estate plan and safeguarding against future litigation of your own heirs can be a fantastic way of avoiding problems before they manifest.

Preventing Conflicts: Contact the Forsythe Law Firm

Building a dynamic estate plan that serves your needs and openly communicating with your children what they should expect. These are two of the best things you can do to help prevent the financial and emotional drain that can come with sibling disputes over inheritance matters. An experienced trust and estates attorney can help you build such a plan, and provide further advice on key factors such as strategies for naming trustees. Contact an Atlanta trust and estates attorney with the Forsythe Law Firm to begin future-proofing your own estate plan with our experienced legal team.

Sources:

onlineathens.com/story/news/courts/2025/10/13/oconee-county-family-estate-feud-results-in-federal-lawsuit/86624431007/

oxygen.com/fatal-family-feuds/crime-news/kelly-fuss-murder-what-to-know