Sibling Rivalries and Estate Battles

The loss of a parent can be emotionally overwhelming. Unfortunately, grief can sometimes be compounded by conflict, especially when siblings disagree over the terms of a will, trust, or estate administration.

In Florida, sibling estate disputes are not uncommon and often lead to estate litigation. If you are in a situation involving conflict, talk to a Pompano Beach estate litigation lawyer to learn about how other families have navigated challenges effectively.

Common Sibling Disputes in Estate Litigation

Estate litigation involving siblings typically arises when emotions, misunderstandings, and legal complexities collide. Here are some of the most frequent causes:

• Disagreements over inherited property. Real estate is often a flashpoint for conflict. One sibling may want to sell the family home and divide the proceeds, while another may want to keep it. If the property is not specifically addressed in a will or if multiple heirs inherit it jointly, a disagreement can lead to a partition action, a lawsuit where the court orders the sale of the property and division of proceeds.
• Accusations of undue influence. If one sibling was closer to the deceased or more involved in their care, others may question whether that sibling manipulated the parent into changing their will. Florida law allows for challenges based on undue influence or lack of testamentary capacity, but these claims must be supported by evidence and can result in lengthy litigation.
• Disputes over figures. Siblings often serve as personal representatives or trustees. When they fail to provide timely or accurate accountings, other siblings may suspect mismanagement or wrongdoing. Florida law requires fiduciaries to keep beneficiaries informed. If they don’t, the court may compel an accounting, remove the fiduciary, or impose financial penalties.
• Unequal distribution of assets. Sometimes a will or trust divides assets unequally. This may reflect the parent’s wishes, but it can also spark resentment. If one sibling receives significantly more, others may seek to contest the document’s validity, especially if they believe changes were made under suspicious circumstances.

When siblings can’t reach an agreement, the case may go to probate court. Judges in Florida examine the evidence and apply state law to determine if a will or trust is valid, if a fiduciary has breached their duties, or if certain assets should be divided differently.

It is also true that many courts encourage mediation, especially when family relationships are involved. Mediation allows siblings to negotiate with the help of their attorneys and a neutral third party. It can lead to creative solutions, preserve family ties, and avoid the cost and stress of a trial.

Seeking Legal Support

If you’re facing a dispute over a loved one’s estate, or you anticipate one is coming, consulting a Pompano Beach estate litigation lawyer early can make a big difference. A knowledgeable attorney can review the estate documents, explain your rights, and guide you through negotiation or litigation.

Can a lawyer assist you in protecting a loved one’s legacy? Estate battles between siblings are never easy, but the attorneys at Mark R. Manceri, P.A. are skilled at helping families find fair solutions. Schedule a confidential consultation today.