Inheritance Dispute Leads to an Injunction Against Stalking

Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. Your experienced trust and estates lawyer should know how to handle the emotional issues in addition to the law. This is because non-legal issues, such as disdain for family members, are often major “influencers” to litigation. Sibling rivalries are common in probate litigation. For example, sometimes, a sibling may contest mom’s will because he/she believes that excluding them was unfair. Sometimes, disputes between siblings can get heated. You may want to read about this  Fourth District Court of Appeal case.

Carter v. Malken was a January 4, 2017 Fourth DCA opinion regarding an injunction against stalking. Well, what does an injunction against stalking have to do with a trust and estates lawsuit? Here, ” a dispute over a will and the disposition of property lies at the heart of this litigation.” Violent family encounters occurred because, allegedly, the petitioner’s sister and the respondent broke into a house, previously owned by petitioner’s mother, and took valuables without permission. The petitioner claimed that his mother had quitclaimed the house to him in 2002. In reality, records show that the house was quitclaimed to him in 2015. Regardless, the respondent testified that he thought the mother still owned the house. To read about how an inheritance dispute can lead to an injunction against stalking, click here.