Changing Your Florida Estate Plan Can Lead to Litigation

Is changing your estate plan appropriate? Did your sibling unduly influence your parents to change their estate plan? Do you need a probate litigator? A brother sues his sisters in a June 6, 2017 opinion from the Court of Appeals of Georgia, Slosberg v. Giller. This case, although it is not a Florida probate case, is a great example of a trust and estates lawsuit involving undue influence, sibling rivalry, and an aggressive family dispute. It shows just how quickly loved ones can turn against each other when money comes into play.

Florida trust and estates litigators frequently deal with sibling rivalry during lawsuits filed in probate court. Do you think your beloved sister would ever sue you? Would you ever sue your sister over your inheritance? What if your millionaire dad, who lives with your brother, all of a sudden changes his estate planning documents, excluding you from them? What if you knew your brother unduly influenced your dad, who suffers from dementia or Alzheimer’s, to write you out of his Florida will so that he could inherit everything? Would you file a lawsuit against him? Trust attorneys know that suing a sibling can be extremely stressful. Although experienced estate lawyers are able to handle the emotions that come with family disputes, only YOU can decide whether suing your sibling for your inheritance is worth it.

In Slosberg v. Giller, siblings fight over claims regarding probate fraud, specifically undue influence, after their elderly father changes his power of attorney and estate planning strategy. The son brought a lawsuit against the daughters seeking injunctive relief and asserting that the father’s actions were the product of undue influence and diminished mental capacity. The sisters asserted counterclaims against the brother. If you are interested in seeing just how bad sibling rivalry can get, click here to read the entire opinion.