When a loved one passes away, their property is often passed down to family members.
While this may seem straightforward, inheritance can sometimes lead to conflict. Family members may not agree on what should happen to the property. This can cause stress, tension, and even legal battles.
Here are four common property disputes that arise after inheritance.
1. Title Disputes
One common issue is a disagreement over who actually owns the property. Sometimes, the title (or legal ownership document) is not clear. Maybe it was never updated. Or perhaps it lists one sibling’s name, even though the parents wanted all siblings to share the home. These problems can lead to fights about who has the right to use or control the property.
Other times, a family member may claim the property was promised to them, even if their name is not on the title or in the will. These disputes can be hard to settle, especially if there is no written proof.
2. Unequal Inheritance
Another source of conflict is when property is not divided equally. For example, one sibling may receive the house, while others get less valuable items. This can lead to feelings of unfairness or favoritism.
Even when a will clearly states who gets what, some family members may still argue. They may believe they were treated unfairly or that someone pressured the deceased into changing the will. In some cases, siblings may contest the will in court, which can delay the process and increase tensions.
3. Sale Disagreements
Sometimes, family members cannot agree on whether to keep or sell the inherited property. One sibling may want to live in the home, while others want to sell it and split the money. These disagreements are common, especially when the property has sentimental value or has been in the family for many years.
This often leads to the question: can siblings force the sale of inherited property? In many cases, the answer is yes. If the property is jointly owned and one person wants to sell, they may go to court and ask a judge to order the sale. This is known as a partition action. However, going to court can be expensive and damage family relationships.
4. Will Challenges
Will challenges happen when someone questions the validity of the will. They may claim the person who wrote the will was not mentally capable or was influenced by someone else. These claims can delay the distribution of the property and lead to long legal battles.
Sometimes, a newer will may be found after the original one has already been acted upon. If this new will gives different instructions, family members may disagree about which one is valid. Will challenges can be difficult to prove but are common in families where communication was poor or where there is a history of conflict.
Learn More About Common Property Disputes
Inheriting property should be a moment of unity and remembrance. But for many families, it leads to confusion and disputes. Title issues, unequal shares, disagreements over selling, and will challenges are all common problems.
The best way to avoid these issues is through clear communication, legal planning, and having a valid, up-to-date will. If disputes do arise, it’s often best to seek legal advice early before matters get worse.
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