The Sibling Fight
A blog by Charles B. Ticker on various estate stories
Hey sib! You have some ‘splainin’ to do!
Many sibling fights involve a dispute over whether Mom or Dad intended to gift property or cash to a sibling. The recipient sibling or "donee" will argue a gift while another sibling will argue that the parent did not intend a gift or lacked...
Siblings often sweat the small stuff
Some of the biggest sibling estate fights take place over the small stuff like the china and furniture or art. A lot of parents put a provision in their will that they want to divide the stuff equally among the children. What a mess that creates!...
Court removes executor in family farm fight
In my practice, a common theme of sibling estate disputes involves a sibling who is the executor and other siblings who are beneficiaries. In these disputes, the ill feeling between the siblings is longstanding and is only exacerbated when the...
Siblings succeed in challenging will based on delusions
Many of the sibling estate fights that I come across involve siblings fighting over a parent’s estate. The recent case of Re Fawson Estate is a bit of a twist in that involved siblings fighting over a sibling’s estate. Margaret Fawson had three...
Was megachurch brought down by sibling rivalry?
One of the common themes of sibling fights in estates revolves around succession planning for the family business. Many business owners refuse to let go or acknowledge the reality that one day they will have to turn over the reins to a successor....
Paying the cost to be the boss
More and more, I am seeing siblings getting involved in fights over powers of attorney granted by their parents. Judges are becoming increasingly concerned with this type of litigation and are openly expressing their exasperation. Judges in these...
Spend the time and money on a proper will
Most sibling estate fights that I litigate involve a will. The fight may be a will challenge disputing the validity of the will based on: • Lack of testamentary capacity on the part of the testator ( the person making the will) • The testator’s...
Samsung Family Feud Result of Poor Estate Planning
Do you own a Samsung Galaxy phone? Looking for a new game app to download? How about Family Feud? South Korea’s richest family is embroiled in a huge sibling estate fight according to a recent story in the Wall Street Journal. The chair of Samsung...