Missing Items and Inheritance Disputes
In some cases, siblings argue over items they believe have gone missing. “Often, parents may have gifted or sold belongings over the years, but sometimes, an opportunistic family member may take items before the estate is settled,” says Brian Haran, an elder law attorney.
In these situations, it’s important to assess whether pursuing legal action is worth the effort. “Chasing down missing items can be costly,” Haran explains. “Knowing something was taken and proving it are two very different things.”
What Happens When a Sibling Wants to Live in the House?
Another common issue arises when one sibling wants to move into the inherited home, or refuses to move out. “This can create tension if the sibling expects to live there rent-free,” says attorney Raul Gastesi.
The siblings must decide if the person will pay rent or buy out the others. Additionally, if the sibling doesn’t have the financial resources to buy the home, it may disappoint the other heirs, as they’ll need to either finance the house themselves or come to another arrangement.
Steps Parents Can Take to Prevent Future Conflict
Parents can help their children avoid inheritance disputes by including clear instructions in their will. This may include stating whether the home should be sold or if a buyout is an option, and if so, under what terms.
“Parents can specify that once a buyout occurs, it’s final, and no further claims on the property or profits can be made,” advises Gary.
However, she cautions parents not to assume that one child will automatically share the proceeds with the others after selling. “Legally, they are not required to do so, and it often leads to disputes.”
Buying Out a Sibling: Proceed With Caution
While buying out a sibling may seem like a fair solution, it can often lead to hurt feelings or future conflict.
“I generally recommend selling the home and dividing the proceeds evenly,” says Ross. “This prevents future jealousy if one sibling later benefits from an increase in property value.”
Final Advice for Buying Out a Home
If you do decide to buy out your siblings, it’s essential to have the home appraised to determine its current value as of the date of inheritance. This will help reduce capital gains taxes in the future.
Gary also advises that if the sibling buying out the others is the executor of the estate, they should consult with an attorney to avoid potential conflicts of interest.
Finally, always ensure that any agreements between siblings are put in writing and reviewed by an attorney to avoid future misunderstandings.