Third DCA Case: Family Probate Drama Leads to Intentional Disobedience of Court Orders, Dismissal as Sanction by Trial Judge Upheld on Appeal

No one will dispute the fact that a probate lawsuit in West Palm Beach can get heated. By their very nature these are usually family feuds disguised through litigation. It is important to keep in mind the Court is not your Thanksgiving table and the Court will not tolerate you making it into a family feud. Failing to follow Court orders could cost you the entire case like it did in this recentprobate appeal.

Family Feuds Turned Into Probate Battles

• No one expects you to put your family “beef” to the side when you file a probate lawsuitafter all that could be the very reason you file the lawsuit.
• What you cannot do is disrespect the Court because of your disputes.
• A Court Order is a Court Order, it does not matter that the Order makes you do something you do not want to do, like cooperate with your sister despite an inheritance dispute.
• If you fail to follow the probate court’s orders they may sanction you.
• What kind of sanctions can you expect?
• Anything from fines to your actual entire case being struck!
• What if you are the defendant?
• The Court can actually take away your right to present defenses.
• That being said these sanctions are rarely used absent an intentional misfeasance by the Parties.
• Probate lawsuits when they get personal can easily have some of the animosity present that breeds sanctions.
• What do I mean by that?
• Check out this recent probate appeal to understand more.

Sukonik v. Wallack

• This was a probate lawsuit instituted between two sisters in 2014 after they could not agree on the administration of their mother’s estate.
• The mother had died seven years ago in 2007!
• The sisters clearly could not agree on anything and an adversarial lawsuit developed.
• The problem is one of the sisters just refused to play by the rules.
• She disobeyed the rules so much that her own attorney eventually had to withdraw as her counsel!
• Despite this she continued to disobey court orders intentionally.
• As a result the Court struck her entire case and dismissed the claim!
• Do you think that is fair?
• Experienced Palm Beach probate litigators know that these cases can involve a family dynamic that is hard to understand from the bench, but to be frank that is irrelevant.
• Courts can only function if they are respected and their Orders are followed.
• You do not get to pick and choose whether or not you are going to comply with the Court.

Want to learn more about this interesting probate lawsuit?

Check out the entire case by clicking here.