When Siblings Clash Over a Will

Losing a parent is emotionally difficult, and when siblings disagree over a Will, the situation can become even more distressing. Disputes over inheritance are common in Florida, where many retirees leave behind significant assets. When these conflicts arise, the courts may play a critical role in resolving them fairly.

When you need legal guidance, connect with a Pompano Beach estate litigation lawyer. An attorney can share with you how to move forward.

Real-Life Cases and How Courts Resolve Disputes

One notable case involved two brothers in Palm Beach County who clashed over their late mother’s estate. The mother had drafted a will leaving equal shares of her assets to both sons. Yet shortly before her passing, she amended the document, granting the majority of her estate to one brother. Doing this significantly reduced the other’s inheritance.

Feeling this was unjust, the disinherited brother contested the new Will, claiming undue influence by his sibling. A Florida court examined medical records, financial transactions, and witness testimony. Ultimately, the court ruled in favor of the original Will, determining that the late-stage changes were indeed influenced by the favored brother.

Another case in Miami involved three sisters who disputed their father’s estate. One sister had been appointed executor, but the other two alleged she was mismanaging funds, and because of this mismanagement she was failing to distribute assets fairly. The court intervened, appointing a neutral third-party Personal Representative.

When siblings battle over a Will, Florida courts rely on several legal principles to settle conflicts:

• Validity of the will. The court reviews whether the Will meets Florida’s legal requirements, such as being properly signed and witnessed.
• Undue influence and capacity concerns. If a Will is changed under suspicious circumstances, the court examines whether the deceased was of sound mind and free from coercion when making modifications.
• Personal Representative misconduct. Courts can remove a Personal Representative if there is evidence of fraud, mismanagement, or failure to follow the will’s terms.
• Mediation and settlements. Judges often encourage siblings to resolve disputes through mediation, which can be less costly and emotionally taxing than a drawn-out trial.

Estate disputes can quickly spiral out of control, leading to fractured relationships and financial losses.

Why You Should Hire an Attorney Early In the Process

If you are facing a dispute over a will, don’t wait until tensions escalate. Consulting with a Pompano Beach estate litigation lawyer can help protect your inheritance and preserve family relationships. Legal professionals who are contacted early in the process can prevent unnecessary legal battles by clarifying rights and obligations.

Should arguments persist, lawyers know how to gather evidence to support claims of undue influence or misconduct. They can also negotiate settlements to avoid lengthy court proceedings. With professionals on your side, you can ensure that the estate in question is distributed according to Florida law and the decedent’s true wishes.

Did something in an estate document prompt a fight between you and your siblings? Reach out to the skilled attorneys at Mark R. Manceri, P.A. to learn more about your legal options. Schedule a confidential consultation today.