Inheritance Disputes Between Siblings: and What You Can Do to Prevent Them

For many families in Florida, the truly difficult part of the probate process is not in navigating the legal framework. Unfortunately, grief all too often turns to familial conflict as family members grapple with how inheritances are distributed. Tolstoy famously stated: “every happy family is alike; every unhappy family is unhappy in its own way.” And this adage is true in probate and estate matters. Why is one sibling unhappy about another’s share in the estate? Well, it could be for a number of reasons.

This article is meant for many different readers. We aim to help families who are building their estate plan to avoid common pitfalls that could plague their children in the future. We also aim to help readers understand common legal claims that do pop up between siblings, and the financial impact these claims can have on the estate. For official legal advice and to continue this discussion with experienced wills & probate legal counsel, contact an experienced wills & probate attorney with Suncoast Civil Law.

Why Sibling Disputes Can Happen

Anytime money or high-stakes possessions are on the line, even the closest of family members can come to blows. Disagreements between siblings are very often going to stem from perceptions of unfairness or a misunderstanding of what parents had intended as far as inheritance. For example, one sibling may feel that another sibling improperly influenced a parent’s decision. Or siblings might feel blindsided by not receiving the inheritance they thought they would. Oftentimes financial dealings between parents and other siblings are not brought to light until after a parent passes away, leaving the remaining siblings surprised that the estate contains far lesser value than they had anticipated.

Tensions resulting from such instances can escalate, even resulting in litigation between siblings. Florida intestate succession laws can also play a role. When there was no real estate planning prior to a person’s death then there is no will to follow. In Florida, this means that Florida’s intestate laws and guidelines will apply, and siblings will inherit only after the decedent’s spouse, descendants, and parents. If this reality does not match up to siblings’ expectations of inheritance, conflict may be inevitable.

Common Sibling Legal Claims

Common claims a sibling might bring to court after the death of a parent  might include allegations of:

• Undue influence: that one of the siblings improperly influenced a parent prior to their death, resulting in harm to the other sibling(s) inheritance
• Fraud: that one sibling impacted inheritance rights via a number of potentially fraudulent actions. The range of potential actions here varies widely. An experienced wills & probate attorney can help you better understand the numerous options and nuances here.
• Breach of Fiduciary Duty: a sibling might claim that another sibling breached their fiduciary duty to the decedent or the others that were meant to inherit.
• Invalid will: a sibling could assert that the last will and testament presented to court is invalid, fraudulent, not the most current will that should be used, etc.

Impact of Sibling Litigation

If litigation ensues between siblings you should expect the probate process to be delayed and costs to put the estate through probate to increase. Time spent litigating can heavily drain the estate with fees. And if siblings sue one another often the relationships are heavily damaged. However, legal action is often the only avenue to ensuring that the decedent’s final wishes and intentions are truly honored.

Preventing Inheritance Conflicts: Contact Suncoast Civil Law

Clear estate planning and open communication with your children is the best way to prevent probate litigation between family members in the future. Explaining estate dynamics, naming trusted, neutral third parties to serve as trustee of the estate, and making sure your children know what to expect can all help your family navigate through probate. Contact a Sarasota wills & probate attorney with Suncoast Civil Law to begin that process with our team.

Sources:

miaminewtimes.com/news/south-florida-pastors-in-legal-spat-over-slander-stolen-inheritance-23107303/

palmbeachpost.com/story/news/local/2025/09/08/florida-jury-awards-535-million-in-international-inheritance-dispute/85960886007/