When Tony Bennett passed away in 2023, the world mourned the loss of a legend. But behind the curtain, something far more personal was unfolding. His children were suddenly entangled in a legal fight that cracked open a question many families hope they never have to face: Can a sibling actually take your inheritance?
It’s the kind of issue that rarely gets discussed until it’s too late. But the truth is, inheritance battles aren’t just tabloid drama. They happen in everyday families too—maybe not with music catalogs and image rights on the line, but with real emotions, memories, and trust at stake.
Tony’s daughters, Antonia and Johanna, took their brother Danny to court. They claim he misused his role managing their father’s finances—especially during the final years when Tony was reportedly suffering from advanced Alzheimer’s. According to the sisters, Danny sold off valuable rights to Tony’s name and music, made big decisions without transparency, and left them with only a sliver of what they believe they should have received.
It’s a messy and emotional situation. But it also raises an uncomfortable reality: when one family member holds the keys to the estate, there’s room for things to go sideways.
Power of attorney gives someone the ability to act on another’s behalf—often a lifeline when a parent becomes too ill to manage their own affairs. But that authority comes with responsibility. In fact, it comes with a legal obligation to act solely in the other person’s best interest.
The Evans Law Firm puts it clearly: anyone with that kind of power has a fiduciary duty. That means no self-dealing, no playing favorites, and no backroom deals. If those lines are crossed, there are consequences.
That’s why courts take it seriously when someone alleges misuse. As elder law attorneys Mike and Brad Bascom of Bascom Law, PC told Lawyer Monthly, the power of attorney (POA) is a vital but often misunderstood legal tool—one that comes with risks if not carefully tailored.
“The danger of the general POA is granting too much authority, whereas the danger of a limited POA may be not granting enough.” — Brad Bascom, Attorney, Bascom Law, PC
They also highlighted a surprising challenge many families face when trying to use a valid POA:
“The last two calls to our office about POAs being rejected were because the bank said they were too old... their policy was to reject any POA that was created more than 60 days prior to being presented.” — Mike Bascom, Attorney and Founder, Bascom Law, PC
So even with the right intentions, a power of attorney can hit roadblocks—especially if the document isn’t current, specific, or aligned with what institutions require. Selling assets, shifting money, or hiding documents under the protection of power of attorney can quickly become the basis for a lawsuit.
Family trusts are designed to keep things clean and orderly when someone passes. But when one sibling is named trustee, and the others feel shut out, it’s easy for tension to build—and explode.
In the Bennett case, Danny was the trustee. His sisters say he didn’t just manage the trust—he controlled it. They accuse him of shady financial decisions, a lack of transparency, and refusing to share details about their father’s estate.
In California, a trustee can be removed if they breach that responsibility. And as the Law Offices of Daniel Hunt point out, if you think someone in that role is abusing their authority, you don’t have to just sit back. You can ask a court to step in.
One of the most emotional parts of this story is the question of Tony’s mental capacity. Diagnosed with Alzheimer’s years before his death, it’s hard to know what he truly understood about the deals being made in his name.
Mental capacity is a legal standard, not just a medical one. It’s about whether someone could comprehend what they were agreeing to. And if they couldn’t? Courts can—and do—step in to undo those decisions.
This isn’t just legal theory. Keystone Law Group has noted that abuse of power often overlaps with elder exploitation. It’s a sad but very real issue. Families should plan early, while their loved ones are still fully capable, to avoid the painful question of "what if they didn’t understand?"
Money isn’t the only thing that can fracture a family. Sometimes, it’s the little things—the ones that carry the most heart.
In this case, Antonia says she was promised her father’s piano. But when she finally saw it again, it was in rough shape. She and Johanna also say they were blocked from accessing other deeply personal items.
These are the moments that hurt the most. A letter, a keepsake, a piece of furniture. When those items disappear or are withheld out of spite, legal battles may follow—but so can lasting emotional scars.
If you’re putting together a will or trust, don’t overlook the sentimental stuff. Spell out who gets what. A few thoughtful lines in a document can save a lot of heartache later.
As San Francisco probate attorney Amanda Ebey explained in an interview with Lawyer Monthly, inheritance disputes are rarely just about money — they’re about emotions, relationships, and perceived fairness.
“Causes for inheritance disputes take many shapes but the underlying theme is that someone feels cheated.” — Amanda Ebey, Founder, Law Office of Amanda L. Ebey, PC
Ebey also warned that some common legal safeguards, like No Contest Clauses, aren’t always enough to prevent conflict:
“I do not encourage clients to rely on the No Contest Clause. While helpful, they do not dissuade legal action by a child who was omitted or left very little.” — Amanda Ebey, speaking to Lawyer Monthly
You don’t need to have a famous last name to learn something from this. Family disputes over estates happen more than most people realize—and they rarely end well if they aren’t addressed early.
If you're setting up your own plan, think beyond just the numbers. Choose someone you trust completely to carry out your wishes. Talk with your family. Keep your documents updated. Don’t wait for a diagnosis or an emergency to get things in writing.
The Werner Law Firm says it best: “If you need help setting up your estate plan to avoid family feuds, or if you are dealing with a probate case, we are here to help.”
This is about more than assets. It’s about protecting your loved ones from fighting over what’s left behind.
Can a sibling take your inheritance?
Yes, if they misuse a legal role like power of attorney or trustee. But there are ways to challenge it.
How do you know if inheritance theft is happening?
Signs include missing documents, unexplained asset transfers, or being denied information about the estate.
Can a court reverse a power of attorney decision?
If it’s proven that the person lacked capacity or the agent acted improperly, a court may undo it.
What about sentimental items—can those be fought over?
Yes, especially if they’re mentioned in the will or trust. If not, it can still become part of a broader legal battle.
Can you remove your sibling as trustee?
Absolutely. If they’re misusing the role or failing their duties, you can petition the court.
Is inheritance theft ever a crime?
It can be. Fraud or elder abuse can lead to both civil and criminal consequences.
This story isn’t just about a famous family at odds. It’s a reminder that money, memory, and grief don’t always mix well. And when planning is neglected, the people left behind often pay the price.
If you’re building an estate plan—or if you think something’s gone wrong with a loved one’s—don’t wait. Talk to someone who knows how to help. Your future self, and your family, will thank you for it.
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