The loss of a parent is often a very hard moment in a person’s life. It can trigger profound grief and may change family dynamics. Surviving children may also receive a windfall in the form of an inheritance. Typically, adult children share a parent’s estate with their surviving spouse and any siblings they have.
People may have developed an expectation about what they should inherit based on their family circumstances. However, they are sometimes in for a rude awakening if half-siblings turn up and try to claim part of the estate. A parent who had a prior marriage or who was unfaithful during a marriage may have children not included in the main family who could have a right to part of the estate.
Half-siblings have legal protections
State statutes protect the right of immediate family members to inherit from an estate when an individual dies without a will. Spouses and children often have the strongest inheritance rights. The law extends the same protection to half-siblings as to any full siblings born to a deceased parent during a marriage.
Regardless of whether the rest of the family was aware of the half-siblings before the parent’s passing, they could potentially request a portion of the estate when the parent dies. Of course, they need either genetic test records or other documents affirming that the deceased parent was their biological parent.
People who have had complicated romantic and family histories sometimes make a point of discussing the situation with their loved ones so there are no surprises when they die. They may also choose to create thorough estate plans to protect their children and spouses from a sudden loss of assets due to claims by surprise heirs.
The right of inheritance extended to children typically only applies in intestate succession proceedings. If someone dies without a will, then state law determines what happens with their property. If an individual takes the time to craft a will or other estate planning documents, then even those with a direct relationship to the decedent may have to abide by the terms included in that document.
Understanding what issues could complicate probate proceedings and family relationships might inspire people to establish estate plans. Drafting a will or funding a trust can help prevent scenarios in which half-siblings diminish what the children of the testator inherit.