January 4,2017 Fourth DCA Opinion: Inheritance Dispute Leads to Violence and An Injunction Against Stalking

No one will dispute the fact that a probate lawsuit in West Palm Beach can get heated. By their very nature, inheritance lawsuits are usually family feuds disguised through litigation. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.” A January 4, 2017 Fourth District Court of Appeal(DCA) opinion discusses an injunction for stalking that stemmed from a dispute over a Florida will. This shows just how heated family members can get when it comes to their inheritances!

Probate litigators frequently witness family feuds throughout the probate process in Florida. However, it is important that, despite those feuds, the parties to the litigation remain focused and respectful to the courts. You cannot disrespect a Palm Beach probate court because of your disputes. A Court Order is a Court Order. Therefore, it does not matter that the Order makes you do something you do not want to do, like cooperate with your sister who you are in a will contest with. If you fail to follow the probate court’s orders, they may sanction you. It is crazy to think that  fight between family members can escalate that far. You may want to read Carter v. Malken.

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.