How To Settle Inheritance Disputes Between Siblings Early On

Two siblings in conflict about probate

Losing a parent is hard enough, and the situation may become even more challenging if you find yourself in an inheritance dispute between siblings. These conflicts can strain family relationships, but addressing them early and with empathy can help preserve harmony and ensure a fair distribution of assets.

Probate is a legal process for distributing a deceased person’s estate, which can sometimes lead to sibling disputes. Problems with siblings settling estates can be mitigated by legal guidance. Attorneys help by ensuring fair distribution and mediating conflicts, thus easing emotional burdens and preventing disputes.

Understanding Probate and Its Limitations in Tennessee

Probate in Tennessee is a legal procedure that occurs after a person passes away. It helps ensure their estate is distributed according to their will or state law if no will exists

This process is essential for settling estates and often involves: 

  • Proving the validity of the will 
  • Inventorying assets 
  • Appraising property 
  • Distributing assets to beneficiaries 

Paying debts and taxes is another important part of probating an estate. Inheritance disputes between siblings often arise during probate, highlighting the need for clear legal guidance. 

It’s important to note that a probate attorney can’t alter a will. This means if your mother left your brother the house, then, legally, it’s his — no matter how much you might personally disagree.

When To Call an Attorney About Siblings Fighting Over Property

Inheritance disputes between siblings can be emotionally taxing, especially when siblings are fighting over property. In such situations, knowing when to call an attorney can make a significant difference. 

Legal intervention becomes necessary if a sibling is violating the will’s terms or attempting to circumvent the probate process. For instance, if a sibling is distributing assets without proper authorization or ignoring the will’s instructions, it’s crucial to seek legal help. 

It’s also important to remember that children generally have legal rights to their parents’ estates unless the will specifically states otherwise. An attorney cannot remove a sibling’s inheritance rights, but they can help ensure the will is respected and followed. 

By involving an attorney, you can address siblings fighting over property effectively, ensuring a fair distribution of the estate according to your loved one’s wishes. This legal support can help resolve conflicts and ease the emotional burden during a challenging time.

Resolving Problems with Siblings Settling Estates 

When problems with siblings settling estates arise, it’s important to approach the situation with empathy and a focus on resolution. Strategies for solving inheritance disputes include liquidating assets, which can simplify the distribution process and ensure a fair division among siblings. 

Working with a fiduciary can also help manage the estate impartially. They provide professional guidance to ensure assets are distributed fairly, preventing inheritance disputes between siblings.

Mediation is another valuable tool for resolving disputes. A neutral mediator can facilitate discussions, helping siblings reach compromises and reduce hostility. This process encourages open communication and can lead to mutually agreeable solutions without the need for prolonged legal battles.

Attorneys play a vital role in facilitating a fair probate process and mediating disputes. They can provide legal guidance, ensure the will is followed, and help navigate complex legal issues. By seeking professional assistance, families can work towards resolving conflicts and maintaining harmony during a challenging time.

Settling Inheritance Disputes Between Siblings Before They Start

Preventing inheritance disputes between siblings begins with proactive estate planning. Parents can take several steps to minimize problems with siblings settling estates. Taking these steps can ease the emotional burden on your family and ensure your wishes are respected. 

First, creating a clear and detailed will or trust is essential. This document should outline the distribution of assets and any specific wishes, leaving little room for ambiguity. A neutral executor can also help ensure that the estate is managed impartially, reducing potential conflicts. 

Open family discussions about estate plans are crucial. By communicating your intentions and expectations, you can reduce surprises and misunderstandings after your passing. These conversations can foster understanding and acceptance among siblings, helping to prevent disputes before they start. 

We Can Help Prevent Inheritance Problems Between Siblings

Johnson, Murrell & Associates can be instrumental in preventing and resolving inheritance disputes between siblings. Our expertise helps you create clear and detailed wills and establish trusts. We can also help with estate planning for blended families, helping ensure that the deceased’s wishes are respected and reducing potential conflicts. 

In cases where disputes arise, our legal experts can guide your family through the probate court process, providing legal representation to ensure that the will is followed correctly. With decades of experience, we offer support to navigate these challenging situations. We help to maintain family harmony and uphold the integrity of the estate planning process.

2 1

Probate is the legal process of distributing a deceased person’s estate, which can sometimes result in sibling disputes. Legal guidance can help alleviate problems with siblings settling estates. Attorneys ensure fair distribution, uphold the will’s terms, mediate conflicts, and ease emotional burdens, ultimately preventing disputes from escalating.


At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.

Picture of Alex Johnson

Alex Johnson

Alex Johnson is a partner at Johnson, Murrell & Associates specializing in probate law. He is a University of Tennessee College of Law graduate, and his experience includes serving on the Leadership Tomorrow Advisory Board, the Sevierville Commons Association, and the Board of Directors for the United Way of Sevier County.