Sibling Inheritance Laws and Rights


Posted December 26, 2020 by miamiprobate

Estate planning is a serious matter and you should coordinate with right estate litigation lawyers in Miami in this pandemic period when things are unpredictable.
 
Do you need legal assistance when it comes to your familial inheritance? If so, it’s in your best interest to work alongside a living trust lawyer in Miami. Inheritance, in any family, is an intricate process to unravel.

Every child of a set of parents that have left something for their children following the event of their passing, should be allocated and dispersed accordingly, and fairly, with the supervision of your living trust lawyer in Miami, playing a pivotal role in this as well.

You need a set of legal hands involved so that you don’t burn any bridges with your siblings, over who’s entitled to what assets, estates, etc.

Today, we’re going to be discussing what the inheritance laws and rights cover, and why you should have an estate attorney of Miami, representing your cause.

Facts About Wills

Before we get into the nitty-gritty of inheritance laws and rights, let’s first address the benefits of having a will, and why it’s significant for all senior adults to have one.

As far as estate planning is concerned, one of the simplest, yet highly important documents is your living will, also known as a last will or testament.

While many of the more complicated estate planning protocols are not always necessary for the typical person, a will is something that every adult living in Miami or within the South Florida area should draft, effective immediately.

The following are a list of benefits that come when creating a will with your estate attorney of Miami:

- Minimize The Risk of Probate – A will can reduce or even erase the need for any of your estate to undergo the process of probate.

- Reduce The Likelihood of Family Conflict – A plethora of families have had major fights because of disagreements over who is entitled to what within the confines of the estate document. If you don’t have a will, everything you own can be contested by your own family members. Even if you have a family that’s close-knit, these types of situations can occur and have the potential to cause an uproar.

- Guardians – If you have young children you can identify who you would like to be their guardians in the event of your passing, with your estate attorney of Miami. This can help regulate the process, which will minimize the stress on your children, who will already be going through a difficult time.

- Assign an Executor – You can choose who will make decisions for your estate after you pass. This is important for anything that you didn’t specifically name in your will so that it is taken care of in the ways in which you intended.

Sibling Inheritance Laws and Rights

Typically speaking, siblings are not a high priority when it comes to the order of inheritance. If there is no will in place, the state and your living trust lawyer in Miami will comply with the probate laws.

Let’s take a look at some of the intricacies surrounding sibling inheritance laws and rights, that way, you are fully abreast of all of the legal aspects that it entails.

When are Siblings Granted an Inheritance?

In general, if your sibling dies without having a will, you will only inherit if your sibling has no living spouse, partner, child, adopted child, grandchild, or a mom or dad.

If this is the case, then surviving siblings are given equal amounts of inheritance and are divided up accordingly, as is the job of your property lawyer of Miami.

In the event of your deceased sibling having access to the will, but you don’t since you weren’t put in the document, it’s unlikely that you will have access to the assets that they were entitled to.

With that being said, if they will name only heirs and beneficiaries who have passed away, then you may be entitled to an inheritance via intestacy laws.

Intestacy laws are the conditions of the estate of a person who passes away without having any control in a valid will or other restricting declarations. For further questions regarding any discrepancies that may appear, please coordinate with your property lawyer of Miami.

Are all Siblings Entitled to the Same Rights?

When there is no will, all siblings will have equal opportunities within the inheritance. However, if one sibling feels they should be awarded a larger slice of the pie, they may seek a portion of the estate through alternative methods. The seasoned team of property lawyers of Miami who represent Miami Probate has successfully recovered large chunks of intestate inheritances for these specific reasons:

- The person has provided more care for the decedent and was promised a larger portion of the estate.

- Individual paid for many more services for the decedent and is entitled to compensation.

- The person provided special services to the decedent for which compensation is owed.

If you are a sibling and feel you deserve a more significant inheritance than your brothers and sisters, contact the law firm you are working with, effective immediately. Consultations are free in most scenarios, and these attorneys are happy to answer any of your burning questions.

Do I need a Probate Litigation Lawyer For My Case?

We recommend finding an experienced probate litigation attorney familiar with the county probate court in the county where the deceased was living.

For instance, if the decedent lived in Miami-Dade County, we strongly suggest working alongside a probate litigation attorney in Miami-Dade County.

A Miami-Dade County probate lawyer will usually be more familiar with the court system in Miami-dade, versus the limited knowledge an out of state attorney may have.

Never go into these situations blindly or with hesitation. In the long run, this will only be a disservice to you. Be open to suggestions and know what your legal rights are.

There are reasonable approaches to these situations that don’t involve cutting ties with your siblings. Lawyers act as successful mediators as well, so if any chaos erupts, your lawyer will certainly intervene if he or she sees it as a necessary course of action.

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Issued By Luis E. Barreto & Associates, P.A.
Phone (305) 358-1771
Business Address Douglas Centre 2600 S. Douglas Road Suite 507
Coral Gables, Florida, 33134
Country United States
Categories Law
Tags estate attorney of miami , probate lawyer
Last Updated December 26, 2020