Half-Siblings and Inheritance

Quick definitions:

"Parent" - The father or mother of a child. This relationship in the eyes of the law could be biological or adoptive.

"Half-Sibling" - A sibling who only shares one parent with you.

"Shared-Parent" - The parent that you and your half-sibling have in common.

If you are in a "blended" family, then you’re not alone. Although your circumstances aren't unique, perhaps you have wondered "how does this all work if mom or dad passes away?". If you share one parent with your sibling (in other words, you are a "half-sibling"), then you shouldn’t consider them as anything less than a sibling regarding the parent you share. Just because your half-sibling shares one parent with you, doesn't mean that they are "half" of your shared parent's child. They are a "whole" person. They are not technically entitled to YOUR (non-shared) parent’s assets but they will be positioned to inherit your shared-parents assets in the same manner as you.

If your shared parent dies without a will, your half-sibling will have equal preference to you concerning your shared parent's estate. This is where it becomes crucial to have an estate plan because additional factors such as marriage and paternity, among others, can complicate things further.

What if my parent is married and has joint assets with their spouse?

Remember the point about things being complicated? Many jointly owned assets will belong to the survivor (the person who remains alive) when the first co-owner dies (this is a right of survivorship). This also means that when the surviving spouse dies, the assets will go to the surviving spouse’s heirs or whomever they designated in their estate plan. Could this mean that the shared parent leaves nothing for half-siblings? ABSOLUTELY. Could this also mean that the shared parent did this inadvertently? Again, ABSOLUTELY. The shared parent’s estate will mostly consist of assets that were in the shared parent’s name alone. For many married couples, assets are jointly owned.

Note to children: As your parent's child, you cannot force your parent to get their estate planning done, they have to come to this decision alone.

Note to Parents:

If you have children from multiple relationships (that is YOU are the “shared parent”), it is imperative to meet with an estate planning attorney to make sure your wishes are clearly communicated. When you have children from different relationships, animosity can grow and siblings may try to compete as to who is "more" of your child. While they are all your children, disputes like this could cost time, money, and emotional pain.

If you fail to plan, don't assume that your children will resolve your estate without conflict. For more information on estate planning for your children, contact an estate planning attorney.