Disagreements over a parent’s will can bring out strong emotions, even in otherwise close families. When a loved one passes, grief and uncertainty often mix with financial concerns, causing old wounds to resurface. Many siblings are caught off guard when they disagree on how assets should be distributed, or feel that something isn’t right about the will itself.
At E.A. Goodman Law, LLC, we understand how hard this time can be. We work to help families find clarity and a path forward, even during conflict.
Common Reasons Siblings Fight Over a Will
Will disputes can happen for many reasons, and they’re not always about money. In some cases, one sibling may have had a closer relationship with the parent or been more involved in care. In others, there may be confusion about the will’s contents or suspicions about how it was created.
Common triggers for disagreement include:
- Unequal inheritance amounts or surprise changes to an earlier will
- Concerns that one sibling pressured the parent or took advantage of declining health
- Conflicts over who receives sentimental items, like family heirlooms
- One sibling acting as executor and making decisions that others find unfair
- Feelings of exclusion from the estate process
Even when the will is legally valid, resentment and mistrust can lead to arguments that delay the process and harm relationships.
Start With Communication, Not Court
It’s easy to jump to legal action when emotions are high, but open communication is often a better first step. A simple conversation may help clear up misunderstandings before they grow into more significant problems.
Families don’t have to work through this alone. In many cases, a neutral party, such as a probate attorney or mediator, can guide the discussion and help siblings work through their concerns calmly and constructively. Having someone who understands the process can ease tensions and reduce confusion.
If there’s still disagreement, legal remedies are available. However, starting with conversation often leads to faster and less expensive solutions, while also preserving family ties in the process.
When You May Need Legal Intervention
Some disputes can’t be resolved through discussion alone. When serious concerns arise, legal intervention may be necessary to protect your rights and the integrity of the estate.
You may want to speak with a probate attorney if:
- You suspect the will was forged or signed under pressure
- A sibling had unusual control over the parent before death
- Property or money has gone missing
- You were removed from the will without a clear explanation
- The executor is not sharing information or handling the estate fairly
In New Jersey, the law allows you to contest a will if there’s evidence of fraud, undue influence, or improper execution. These cases require legal filings and often strict deadlines, so don’t wait too long to take action if something feels off.
Legal Paths to Resolve Will Disputes in New Jersey
If communication breaks down and legal action becomes necessary, there are a few different ways to resolve a sibling dispute:
- Mediation: This option keeps the matter out of court. A trained mediator helps all parties reach an agreement, which can then be formalized legally. Mediation is often faster and more cost-effective than litigation.
- Will contest in probate court: If you believe the will is invalid, you can formally challenge it. Grounds include lack of mental capacity, undue influence, or improper signing. In New Jersey, a will contest must typically be filed within four months after probate begins.
- Executor removal: If the person managing the estate isn’t acting in good faith, you can ask the court to appoint someone else.
- Demanding an accounting: Beneficiaries have the right to know how assets are being managed and distributed. If the executor refuses to provide clear records, you can request a formal accounting through the court.
These legal tools can help restore fairness and ensure the will is honored properly.
How an Attorney Can Help Keep the Process Fair
Dealing with a dispute over a loved one’s will is hard enough without trying to figure out the legal process on your own. At E.A. Goodman Law, LLC, we’ll listen to your concerns, explain your options, and take the steps needed to protect your rights. Whether that means reviewing the will’s validity, representing you in court, or helping guide your family through mediation, we’re here to support you.
In some cases, we help resolve disagreements quickly and quietly. In others, we take a more active role in court. Either way, our goal is to reach a fair outcome and keep the process as smooth as possible.
Protecting Both the Legacy and the Family
Disputes over a will can be painful, but they don’t have to tear your family apart. With the right legal support, you can address concerns, enforce your rights, and work toward a resolution that honors your loved one’s wishes.
If you’re facing conflict with a sibling over a will, let us help. Contact E.A. Goodman Law, LLC to learn how we can help you during this time.
Posted in: Wills