There is an old saying: “If the children did not get along when the parents were alive, they will not get along after the parents pass away.” Nowhere is this more evident than in Probate Court. Whether the estate is valued at one hundred thousand dollars or one hundred million dollars, if the siblings fought before, they will likely fight again.
While having a proper estate plan in place can facilitate resolution, the discussion of forming one is for another article.
Several common themes often arise in these cases:
- One sibling is perceived as “the difficult one.”
- One sibling provided care for the parent(s) and thus influenced them.
- One sibling believes the estate is worth significantly more than stated and suspects other siblings of stealing money.
- They are willing to spend hundreds of thousands of dollars to prove their claims.
These situations are genuinely tragic and can tear families apart, often irreparably.
When reasonable minds prevail—including those of attorneys—many disputes can be resolved through mediation. However, some conflicts have escalated to the point where only a judge’s ruling will suffice.
I have witnessed many of these cases and have seen law firms take advantage of clients by charging excessive fees in situations that could have been easily resolved. Siblings, ex-girlfriends, live-in partners, and grandchildren often engage in bitter battles over inheritances—money they did not earn or were not necessarily promised.
To resolve these disputes effectively, I recommend the following:
- Seek early mediation, perhaps even before filing a lawsuit, to avoid incurring significant attorney fees.
- Hire an attorney who prioritizes settlement over conflict.
- Choose an attorney who thoroughly understands your case and strives for the best possible outcome given the circumstances and the law.
- Maintain open lines of communication with the other party, throughout litigation, exploring settlement options that satisfy all involved.
For more information or a free consultation, please call Liat Cohen, Esq. at 818.579.9996 or email Liatlawpc@gmail.com