When Families Argue About Care or Control

Disagreements over how to care for a vulnerable loved one, whether an aging parent or an adult with disabilities, can quickly escalate into emotionally charged battles. In Florida, when families cannot agree on who should make medical, financial, or personal decisions for an incapacitated individual, guardianship litigation may become necessary.

You don’t have to navigate a stressful situation involving guardianship alone. A Pompano Beach estate litigation lawyer can help you navigate these disputes, protect the vulnerable person’s rights, and guide everyone in the family toward a resolution.

Why Guardianship Litigation Happens

Guardianship litigation typically arises when someone is no longer able to manage their own affairs and relatives don’t agree on who should step in. Common reasons include:

• Different views about what is best for the vulnerable adult. Family members may have honest but conflicting opinions about living arrangements, medical care, or spending.
• Historical family conflict. Long-standing rivalries can resurface when a parent becomes vulnerable, intensifying emotions and complicating decision-making.
• Concerns about financial exploitation. When one family member appears to have too much access or control over the elder’s finances, other relatives may step in to question their intentions.
• Unequal caregiving roles. The child providing hands-on care may feel entitled to make decisions, while another child contributing financially may believe they should have authority instead.

These disagreements can be deeply personal, and without legal structure, they may spiral quickly.

Four Common Reasons Heirs Fight Over a Home

When more than one heir inherits a property, they usually become tenants in common, meaning each person owns a percentage of the home. This arrangement requires agreement on decisions like whether to sell or keep the home, who will live there, how to maintain the property, and how to divide expenses. When heirs disagree for one or more of the following reasons, things can stall and a legal dispute may follow.

1. One heir wants to sell, and another refuses. Many disputes begin when one family member wants to sell the property to access their share of equity while another wants to keep it.

Example: Three siblings inherit their mother’s home. One lives out of state and wants to sell quickly. Another wants to keep the home as a rental investment. The third wants to move into the property. Because no consensus can be reached, tensions rise and legal action becomes necessary.

2. An heir lives in the home rent-free. If one heir takes possession of the home without compensating the others, conflict is almost guaranteed.

Example: A son moves into the inherited home immediately after the funeral. He doesn’t pay rent, insurance, or taxes. His sister (who co-owns the property) demands he either buy out her share or contribute financially. He refuses, sparking a dispute that may require mediation or a court’s involvement.

3. Disagreements over repairs and upkeep. Homes require maintenance. When heirs disagree on how much to invest, disputes can escalate.

Example: Two brothers inherit a duplex. One wants to renovate and rent it at a higher rate. The other does not. They cannot agree on repairs, causing delays and financial strain.

4. Accusations of undue influence or fraud. Heirs may contest the will itself if they believe the property was left unfairly.

Example: A late-in-life caretaker convinces an elderly woman to change her will, giving him the house instead of her children. The children file an estate litigation claim alleging undue influence.

How Florida Courts Resolve Property Disputes

When heirs fight over a home, emotions and finances collide. The process can quickly become complicated and contentious. With the help of a Pompano Beach estate litigation lawyer, families can resolve their disputes, protect their rights, and ensure the property is handled fairly under Florida law.

Where is the home you and your siblings are fighting over located? The attorneys at Mark R. Manceri, P.A. can help when Florida heirs cannot agree on how to handle inherited property. Schedule a confidential consultation today.