Tips to Help Siblings Avoid or Resolve an Estate Dispute in AZ

When a parent dies without leaving behind an estate plan, siblings can get into bitter disputes over the distribution of their parent’s assets. However, there are steps you can take to prevent the administration of your estate from turning into an emotional fight between your children.

Below, the Arizona estate planning lawyers at Brown & Hobkirk, PLLC provide some tips to avoid a potential estate dispute between your children. If you need to craft an estate plan or get advice about your existing estate plan, our legal team is ready to provide strategic solutions that can help prevent conflicts among your heirs and give you peace of mind.

Common Causes of Estate Disputes Among Siblings

When dividing your estate, your children may have very different ideas about what is considered fair. Some of the most common causes of estate disputes among siblings stem from:

An economic disparity between siblings
Different perceptions of what each sibling has earned
Whether one of the siblings supported their parents in old age
Whether a child works for a parent or owns a larger stake in a family business
When extra money is allotted for a sibling who is disabled and will need continued care
A desire for mementos that mean more to one sibling than another

Other factors and family dynamics can also play into estate disputes. There may be an increased chance of disputes when siblings are estranged or haven’t been in contact with one another for a long time.

Estate Planning Tips for Parents to Avoid Conflict

Relationships between siblings can be complicated. After the death of a parent, tensions may escalate and create conflict between siblings who previously had close, loving relationships. Fortunately, there are things you can do to mitigate the potential for intrafamilial disputes, such as:

Communication: No one enjoys talking about death. It can feel like an uncomfortable or even taboo subject. However, you need to have these hard conversations with your children. Talk to them about your plans, what you have in mind, and how you plan to divide your estate. Be sure to give them the “why” behind your plan. Clear communication can help head off potential problems down the line.
Choose an independent fiduciary: Conflicts can also arise when one child is named the executor of your estate and the other feels bound to their sibling’s whims. Assigning an independent fiduciary or neutral third party to serve as your executor can make the process seem fairer and cut down on feelings of resentment or favoritism.
Establish a trust: If you want certain assets to go to specific children, you may benefit from establishing a trust. A trust can specify how you want property distributed after your death. You can also avoid probate by putting assets into a trust before you pass away.

Ways to Resolve a Sibling Estate Dispute

There are other preemptive measures you can take to help resolve a sibling estate dispute. Taking a few proactive steps today could save your children from squabbling later. Consider the following dispute resolution tactics:

Contact an estate planning attorney: An experienced estate planning lawyer can help you offset potential disputes before they happen. Skilled attorneys can help you think of issues and scenarios that may arise that you might not have considered.
Write a Letter of Instruction: While not legally binding, this document can help provide family members with a road map of your intentions and final wishes.
Mediation: In mediation, parties work to settle their differences with the help of a neutral, third-party mediator. The mediator is not a judge but someone who facilitates communication between the disputing parties. Mediation is less expensive than litigation in court and may help siblings find common ground.

Fair Ways to Divide Household Items

You may not be able to specify how you want all your property and household items divided up between your children. Sometimes the things that cause the most conflict are special mementos that have sentimental value. While you may not be able to spell out where you want every spoon, knick-knack, or piece of jewelry to go, you can take steps that will help your children fairly divide household items after you are gone.

Liquidate your assets: If you are afraid that dividing your assets evenly may be too complicated, consider liquidating them. It may be easier to divide cash between children than to decide how to split a house, car, property, or other assets.
Give gifts before passing: If there are items or financial gifts that you want certain children to have, give them before your passing.
Tag items: If you want specific items or mementos to go to a particular child, tag them. Again, this is a straightforward way of communicating your intentions. While this method is not legally binding, it can help clear up confusion about your final wishes.
Use a family auction: In a family auction, each family member gets tokens that they can spend bidding on the items that mean the most to them.

Talk to an Estate Planning Lawyer from Brown & Hobkirk, PLLC

Having emotional conversations with your children now can help prevent sibling estate disputes down the road. Though you cannot plan for every possible conflict, you can try to save your children unnecessary heartache by coming up with a solid estate plan today.

The team at Brown & Hobkirk, PLLC can help you draft an estate plan that aligns with your goals and spells out your final wishes. We can work with you to address the common causes of sibling disputes and offer legal guidance that may help resolve family tensions. Contact us today for a free consultation with an Arizona estate planning lawyer.