| Is there anything that can be done to challenge an unequal inheritance? My mother passed away and didn't have will so everything now belongs to my dad. My dad recently expressed desire to leave one his properties to me but there is another larger property that will go to my sibling. My mother always said she wanted everything to go to both of us equally but she developed dementia and never got around to writing a will. Is there anything I can do at this point? |
| No. Also you need to ask yourself if this is worth destroying your relationships over. |
Well after the death of our mother the family relationships are pretty strained anyway. |
| You cannot change or challenge it, but do you know what your dad’s rationale is? Can you ask him? |
No, he actually seemed surprised when I questioned it. My mom didn't have will but did write down that she wanted property to be split--I found several notebooks she wrote that in over the years but it's not an official document. |
Ok. Sounds like a long and ultimately fruitless legal battle would be just the ticket then. |
Both of the properties have significant meaning to my mom and to our family--it was always intended for them to be shared by the children. My father knows this. |
| Maybe your dad thinks giving you each a property IS splitting things equally? I’d you’re talking, maybe it’s worth asking. |
| Sharing property doesn't work long term. |
This land has been in our family for almost 100 years. |
100% false. You can absolutely challenge it. It's very common in the absence of a will, especially so when dementia is a factor. |
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“Sharing” properties is nearly always a bad idea - especially if relationships are already strained. My parents have a property (no house on it) worth a LOT of money (but it also takes a lot of work to manage (think big farm)). I have no interest in it. So it will go to my brother. It’s their biggest asset so it may not be equal in the end but the property means a lot to my brother and he’s been working with my dad for a decade to learn the ins and outs of irrigation, farm leases, etc. At this point, I feel it would be unethical for me to lobby to get part of that. I’m just happy it will stay in the family and I know it will bring my brother a lot of joy.
Do you really want to own two pieces of property jointly with a family member you don’t get along with? I would say no - most likely it would need to be sold because you can’t agree on basic decisions. Take your one piece of property and appreciate that one. Or buy out your sibling. |
Actually the siblings have gotten along--it's our parents that couldn't agree on things. |
The factor you've missed is that mother was the one with dementia, not father. As a married couple, father is entitled to spouse's assets. Father is not demented and can leave those assets to whomever he chooses. |
| You sound greedy as hell. You’re being left a property. Count yourself fortunate. My guess is your other sibling is the favorite and your behavior on this thread tells me why. There’s nothing stopping your dad from cutting you out of the will entirely, so go on and keep acting like an entitled brat. |