When a Family Home Becomes a Legal Battlefield: How We Helped Resolve a Dispute Between Sisters
Estate plans are supposed to bring clarity, not conflict. But even the simplest intentions—like splitting a family home evenly between two siblings—can go sideways fast.
At the Center for Estate Planning, a Maddin Hauser practice group, we recently represented an out-of-state sister who inherited a Michigan home with her local sister. Their father had created a valid, well-drafted trust. Upon his death, the trust directed the home to pass equally to both daughters. A standard Trustee’s deed transferred title to them, ending the fiduciary’s formal role. It should’ve been simple.
It wasn’t.
When One Sibling Won’t Budge
One sister moved into the home and stayed—for years. She didn’t pay rent, didn’t offer to buy out her sister’s share, and refused to sell. The out-of-state sister was effectively locked out of her own property without income or options.
This is where we stepped in.
With no progress made through discussion, we filed a lawsuit in circuit court—what’s known as an action in equity. This type of legal claim asks the court to step in and resolve property disputes when traditional remedies fail. It’s especially relevant in cases like this, where co-owners can’t agree on what to do with jointly owned property.
A Michigan statute now directly supports this type of equitable relief, allowing courts to intervene, oversee valuation, and even force the sale of the home when necessary. It’s a vital legal tool in family disputes like this.
What Makes These Cases So Complex?
Although the local sister wasn’t paying rent or offering a buyout, she had paid the taxes and insurance on the home over the years. She’d maintained the property and had other family members living there, too—relatives with no legal claim but a longstanding presence.
Meanwhile, the sisters—both now elderly—hadn’t been in contact for years. Their children, the next generation, started to get involved. These weren’t legal parties to the case, but as first cousins from both sides, their voices became important. This extended family dynamic plays a major role behind the scenes in many estate cases, even if not on the official court docket.
We conducted extensive discovery—reviewing years of receipts, home maintenance records, tax payments, and appraisals. This wasn’t a short process. In high-value areas of Southeast Michigan, valuation over time becomes a significant factor. The out-of-state sister had been denied her half-interest in a home that had appreciated dramatically.
Eventually, the matter proceeded to an all-day mediation.
With the help of a skilled mediator and a lot of patience, we reached a settlement. Our client received a substantial payment in exchange for signing over her interest in the home. This resolution not only honored her rightful inheritance but also helped avoid a drawn-out trial that would’ve drained everyone’s time, energy, and resources.
Not a Rare Case
Unfortunately, cases like these are becoming more common. We’ve represented parents suing children, siblings locking each other out, and family members caught in disputes that last decades. One past case involved a mother who had added her daughter to the deed for convenience. Years later, they became estranged. When the mother tried to sell, the daughter refused to sign. Litigation was the only option.
All these cases share a simple truth: even the best estate plan can fall apart when human emotions, family dynamics, or distance get in the way.
How Can You Prevent This?
Not every conflict can be avoided—but you can take steps to reduce the risk:
- Be specific in your estate plan. Outline what should happen if siblings don’t agree or if one wants to keep property while the other wants to sell.
- Create timelines and responsibilities. If someone inherits a home with others, include deadlines for decisions, buyouts, or sales.
- Consider appointing a neutral third party. A fiduciary or professional trustee can help carry out the trust’s terms without emotional baggage.
- Don’t assume family harmony. Just because things seem fine now doesn’t mean that will continue after you’re gone.
Protect Your Assets and Family With Smart Estate Planning
The truth is that real estate is emotional. Homes carry memories. They become stand-ins for family history, unresolved conflict, and fairness—or lack thereof. When two people inherit one house, one often gets stuck holding the keys while the other gets left outside. At the Center for Estate Planning, a Maddin Hauser practice group, our deep understanding of the law, coupled with our commitment to you, equips us to guide you through this complex landscape. Don’t navigate these waters alone—contact us today.