What You Need to Know About Deceased Sibling Inheritance Rights in the USA
If you have lost a sibling, you may be wondering if you are entitled to inherit any of their property or assets.
The answer depends on several factors, such as whether your sibling had a will, who else survived them, and what state they lived in
In this article, we will explain the basics of sibling inheritance laws in the USA, and how they may affect you and your family.
Inheritance laws apply to both full siblings (who share both parents) and half-siblings (who share one parent).
They also apply to adopted siblings, but not to step-siblings, unless they were legally adopted by the parent of the deceased.
Sibling Inheritance Rights Under Intestate Laws
If your sibling died without a will, or with a will that does not cover all of their property, their estate will be subject to the intestate laws of the state where they lived.
These laws vary from state to state, but they generally follow a similar order of priority for distributing the estate.
The order is usually as follows:
- Spouse or domestic partner
- Children or grandchildren
- Parents
- Siblings or their descendants
- Grandparents or their descendants
- Aunts, uncles, or their descendants
- The state
This means that siblings are not very high in the order of inheritance, and they will only inherit if there is no surviving spouse, children, grandchildren, or parents of the deceased sibling.
If there are any of these relatives, they will take the entire estate, and the siblings will get nothing.
However, if there are no such relatives, the siblings will inherit the estate, either in whole or in part, depending on the situation.
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What are Some of the Scenarios where Siblings can Inherit from their Deceased Sibling?
There are three main scenarios where siblings can inherit from their deceased sibling under intestate laws:
The deceased sibling had no spouse, children, grandchildren, or parents, and only had full or half-siblings.
In this case, the estate will be divided equally among the surviving siblings, regardless of whether they are full or half-siblings.
For example, if the deceased had four siblings, two full and two half, each sibling will get 25% of the estate.
The deceased sibling had no spouse, children, grandchildren, or parents, and had both full and half-siblings, as well as nieces or nephews (children of deceased siblings).
In this case, the estate will be divided into two parts: one for the full siblings, and one for the half-siblings.
The full siblings will share their part equally, and the half-siblings will share their part equally.
However, if any of the siblings are deceased, their share will go to their children (the nieces or nephews of the deceased sibling).
For example, if the deceased had three full siblings and two half-siblings, and one of the full siblings had two children, the estate will be divided into two parts: 50% for the full siblings, and 50% for the half-siblings.
The full siblings will get 16.67% each, except for the deceased one, whose share will go to their children (8.33% each). The half-siblings will get 25% each.
The deceased sibling had no spouse, children, grandchildren, or parents, and had only half-siblings, but no full siblings.
In this case, the estate will be divided equally among the surviving half-siblings, unless there are other relatives who are closer in relation to the deceased sibling, such as grandparents, aunts, or uncles.
In some states, these relatives may have a higher priority than half-siblings, and may take the entire estate or a portion of it.
For example, if the deceased had two half-siblings and two grandparents, the estate may be divided into two parts: 50% for the half-siblings, and 50% for the grandparents.
The half-siblings will get 25% each, and the grandparents will get 25% each.
Sibling Inheritance Rights Under Wills and Trusts
If your sibling died with a valid will or a trust, their estate will be distributed according to their wishes, as expressed in the document.
This means that they can choose to leave their property to anyone they want, including their siblings, or exclude anyone they want, including their siblings.
Limitations to Sibling Inheritance under Wills and Trust
- Not Thinking Clearly: If the person who passed away didn’t have the right mental ability when they made the will or trust.
- Being Forced: If someone pressured or pushed the person who passed away into making a will or trust that doesn’t really show what they wanted.
- Tricked: If the person who passed away was fooled or misled into making a will or trust that doesn’t match their real wishes.
- Mistakes: If there are errors in the will or trust that mess up how the estate gets divided.
- Changed Mind: If the person who passed away decided to cancel or take back the will or trust before they died.
If a court agrees with these concerns, it might say the will or trust is not valid or only partly valid. T
hen, the estate gets shared out based on different rules, like what’s in previous wills or the laws for when there’s no will.
This can impact what the sibling inherits, making it better or worse, depending on the situation.
READ ALSO:
- Are All Siblings Entitled to Inheritance in the USA? Demystifying Intestacy, Wills, and Inheritance Rights
- Can Adopted Children Inherit from Biological Parents? Here’s The Truth
- Inheriting a House with Siblings in Canada: What You Need to Know
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