Sibling Rivalry and Florida Probate Litigation

West Palm Beach trust attorneys and probate lawyers deal with not only the law and financial matters of the parties involved in probate litigation, but also the personal matters of the parties involved. 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. One child, who may inherit more than another, may be the object of scorn from a sibling. Childhood disagreements or petty jealousies may come to the surface after mom and dad pass away. One child who inherits “equally” as others may not believe that is “fair.” Perhaps the child who believes he or she deserves more spent the last five years caring for his or her elderly mom with dementia, while the siblings did nothing. Indeed, “equal” is not always “fair.” Communications can break down or cease to exist.  Weighing your relationship with your family members is an important factor. How will litigating with a brother or sister affect your relationship with that sibling?  Is it worth the cost?  Advocate hard. Litigate smart. You should read a recent Fourth DCA opinion regarding an injunction against stalking and sibling rivalry. This opinion shows just how heated sibling disputes can get!

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.