Can a sibling take over a lawsuit not related to them for their deceased sibling?
Asked by: Hoyt Gleason | Last update: January 29, 2026Score: 4.5/5 (54 votes)
Yes, a sibling might be able to take over a lawsuit for a deceased sibling, but it depends heavily on state law, the type of lawsuit (e.g., wrongful death vs. personal injury), the deceased's marital/family status (no spouse/children?), and if the sibling was a financial dependent; generally, spouses/children have priority, but siblings can step in if those closer relatives aren't available or if state law allows for extended family, especially financial dependents, to file.
Who can bring a claim on behalf of the deceased?
A claim will need to be made by the personal representative of the deceased, or the executor of the estate.
Do siblings get money in a wrongful death lawsuit?
In the rare circumstance that a sibling has the right to file the wrongful death suit under the priority status outlined above, that sibling (and his or her siblings) will also be entitled to receive any proceeds awarded in the wrongful death action. Each will receive an equal percentage of any wrongful death proceeds.
Can you file a lawsuit on behalf of a deceased person?
The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.
What happens when siblings disagree on the sale of an inherited asset?
Siblings may disagree about who should receive a family home or treasured belongings. If compromise cannot be reached, the court can order the sale of certain assets and divide the proceeds. Mediation is often a useful alternative that allows families to find creative, mutually acceptable solutions outside of court.
Inheritance issues with siblings | family dispute over property
What is inheritance hijacking?
Inheritance hijacking, or estate hijacking, is the unlawful or wrongful taking, diverting, or manipulating of assets intended for rightful heirs, often through undue influence, fraud, coercion, or misuse of power (like Power of Attorney) by a third party or even a family member, leading to financial loss and significant emotional distress for beneficiaries. It can happen before death (stealing assets) or after (changing wills/trusts) and involves betrayal by those close to the deceased, like caregivers, advisors, or even children.
What is the 2 year rule for deceased estate?
The "two-year rule" for deceased estate property, primarily in Australia (ATO) and relevant to U.S. spousal rules, generally allows beneficiaries to sell an inherited main residence within two years of the owner's death to qualify for a full Capital Gains Tax (CGT) exemption, resetting the cost basis to the market value at death and avoiding tax on appreciation; exceptions and extensions exist for factors like spouse usage or estate delays, but it's crucial to sell and settle within this period or apply for extensions.
Who has legal authority over the body of the deceased?
Rights over a dead body generally go to the executor named in a will, then the surviving spouse, followed by other next-of-kin (children, parents, siblings), or a designated agent if appointed by the deceased; the person with the duty to dispose of the body has the primary right, though it's not true ownership, and the deceased's wishes (especially in a will) are usually honored to avoid family disputes.
Who can make a claim on a deceased estate?
An 'eligible person' includes: the wife or husband of the deceased. a person who was living in a de facto relationship with the deceased (including same sex couples) a child of the deceased (including an adopted child)
What debts are not forgiven upon death?
Debts like mortgages, car loans, credit cards, medical bills, and private student loans are not automatically forgiven at death; they become obligations of the deceased's estate, usually paid first from assets, but can become family responsibility if they were co-signed, jointly held, or in community property states. While federal student loans are often discharged, other debts generally pass to the estate, with specific heirs only liable if they co-signed or live in a state with specific spousal debt laws, like some medical expenses.
How to deal with greedy siblings after a death?
Tips on How to Deal with Greedy Family Members After Death
- Approach All Situations with Empathy. ...
- Take Time Apart. ...
- Communicate and Listen. ...
- Take Care of Yourself. ...
- Bring in an Unbiased Party.
What is considered a large settlement amount?
A large settlement amount is generally considered to be in the hundreds of thousands to millions of dollars, reserved for severe, catastrophic, or wrongful death cases with permanent impairments, significant lifelong care needs, or major wage loss, while smaller settlements (under $100k) cover minor to moderate injuries, with substantial payouts depending heavily on injury severity, medical costs, and impact on quality of life.
Can you sue siblings for not taking care of parents?
Can you sue siblings for not taking care of parents? You can take legal action if a sibling engages in physical or financial elder abuse or fails in a fiduciary role (such as attorney-in-fact or conservator), but simply refusing to provide hands-on care is usually not grounds for a lawsuit.
Can a poa withdraw money from a bank account after death?
No, a power of attorney (POA) automatically ends at the principal's death and grants no authority to withdraw funds from a bank account; the bank will freeze the account, requiring the executor (named in the will) or administrator (appointed by court) to provide the death certificate and court documents to access funds for the estate. Only joint owners, POD (Payable on Death) beneficiaries, or court-appointed representatives (like an executor) can access funds after death, not the former POA agent.
Who is first in line for inheritance?
The first in line for inheritance, when someone dies without a will (intestate), is typically the surviving spouse, followed by the deceased's children, then parents, and then siblings, though laws vary by state. The surviving spouse usually gets the most significant share, potentially the entire estate if there are no children, with children (biological or adopted) inheriting equally if there's no spouse.
Who cannot act as an executor?
In addition, the executor cannot be a former spouse or civil partner if the marriage or civil partnership came to an end after the Will was written. For administrators, the number of people who can be appointed is far smaller as the court follows a set priority list.
What is the 40 day rule after death?
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
Who can bring a claim on behalf of a deceased?
The personal representative of their estate, so either the person who is named as an executor in their Will or the person who applies for letters of administration in order to administer the Will. The personal representative can bring a claim for losses on behalf of the estate.
How long after someone dies can you claim their estate?
Each state has its own set of laws governing the probate process. For example, probate in California requires a filing within 30 days of discovering the will, while in Texas, executors have up to four years to file. California: Probate should be filed within 30 days of the person's death.
Who is the rightful heir to the estate?
The rightful heir to an estate is determined by a valid will; if there isn't one, state law (intestate succession) dictates, generally prioritizing the surviving spouse and children, then parents, siblings, and closer relatives, but specific rules vary by state and assets like life insurance go directly to named beneficiaries.
Are the eyes removed during embalming?
No, eyes are not removed during standard embalming; instead, they are closed and preserved using plastic eye caps placed under the eyelids to maintain a natural appearance, while the body's circulatory system is used to distribute embalming fluids. Eyes might only be removed for tissue donation or autopsy, in which case temporary supports (like cotton or caps) are used in the sockets to keep the eyelids in place.
What is the dead person rule?
Under the Dead Man's Rule, a surviving party to a transaction with the. decedent can't testify about anything. FALSE: If the Rule applies, the party can testify about things that occurred after the decedent's death and also may identify documents, even if created before the decedent's death.
How long does the executor of a will have to settle an estate?
Executors may have anywhere from a few weeks to a few years to transfer property after death. The time it takes to transfer the property depends on what type of property deed is involved and whether the estate must go through the probate process.
What are the biggest mistakes people make with their will?
“The biggest mistake people make with doing their will or estate plan is simply not doing anything and having no documents at all. For those people who have documents, the next biggest mistake people make is to let the documents get stale.
Who owns the estate of a deceased person?
An estate administrator is the appointed legal representative of the deceased. The legal representative may be a surviving spouse, other family member, executor named in the will or an attorney. In general, the estate administrator: Collects all the assets of the deceased.