For most of human history, the establishment of family relationships relied on communication and marriage. That has shifted in no small part due to amazing advances in medical technology. The use of genetic testing and ancestry websites can help people identify family connections that they previously might never have discovered. In some cases, half-siblings can pop out of the woodwork with little advance notice after a parent dies.
Unknown family members can potentially have a significant impact on the administration of an estate unless people address an issue before it plays out after someone’s death.
Half-siblings have inheritance rights
Parents sometimes assume that their children and surviving spouses can work out how to share their assets when they pass. A significant portion of adults do not have any estate plans on record. Without a will or trust, family members rely on the probate courts to allocate property in accordance with state statutes.
Under current state law, half-siblings have the same inheritance rights as full siblings after a parent passes. Simply put, children from extramarital affairs or prior relationships could show up after a parent dies and demand a portion of the estate.
In some cases where a parent had the foresight to establish a thorough estate plan, their will or trust documents can help prevent those surprise heirs from claiming assets intended for their immediate family members. Without an estate plan, those who can prove a direct familial relationship with the decedent may be able to request a share of the estate during probate proceedings.
Occasionally, if there is evidence that the parent may have known about the half-siblings although the rest of the family did not, the surprise heirs might even be able to contest a will. They might claim that their exclusion was an error or omission on the part of the testator before their death. Otherwise, they may have to accept the terms set in a will or other testamentary instrument.
Thorough estate planning is one of the best ways to avoid a scenario in which half-siblings and other family members undermine an individual’s legacy and impact how other people remember them. Discussing family circumstances honestly well in advance can help individuals avoid scenarios in which prior mistakes or relationships come back to haunt a family years later.