Probate Litigation And Family Dynamics
Unlike other types of legal actions, probate litigation places relatives against each other. There may be disputes regarding the end-of-life care a loved one receives, or how to distribute property upon someone’s death. The very nature of probate litigation means that emotions can run high and the consequences are typically felt long after the final decision is made.
Knowing how family dynamics affect probate litigation is important so you can make informed decisions regarding the strategy of your case and protect your family relationships while also guarding your best interests. Below, our Daytona Beach probate litigation lawyer explains further.
How Sibling Dynamics Impact Probate Litigation
Sibling rivalries often impact probate litigation. When it is believed that a parent favored one child over another, or there are other factors that turned siblings against each other, it has a significant impact on probate litigation. If siblings cannot overlook the assumptions they have had about each other since childhood, it can delay the process or make it impossible to resolve conflicts regarding the distribution of the parent’s estate.
It is important to recognize and resolve these conflicts quickly. When siblings seek the help of a family therapist or grief counselor, probate can be a very healing process for everyone involved.
How Blended Family Dynamics Impact Probate Litigation
Blended families involving second marriages, half-siblings, and stepchildren are far more common today than they once were. The family dynamics of blended families are typically more complicated because family members may have certain expectations and those may not align with the others.
There is often more conflict in blended families and this can impact probate litigation. For example, a child may dislike their parent’s second spouse and so, they dispute the elective share and homestead exemptions provided under state law in Florida. This law is very straightforward but the disputes and tension in a blended family can make the probate litigation process more difficult and more complex than needed.
How Allegations of Undue Influence Impact Family Dynamics
In serious cases, combative family dynamics may result in family members questioning how their loved one’s estate plan was initially drafted. If a family member has acted as the primary caregiver for an aging relative, possibly even excluding anyone else in the family from helping, it can create distrust that results in a will contest for undue influence.
If someone is successful with a will contest, the court may void the entire document. An earlier will, or the intestacy laws in Florida, may then dictate how the estate is distributed. The intestacy laws favor the closest relatives of the deceased, which can have consequences for relatives who are more distant.
Our Probate Litigation Lawyer in Daytona Beach Can Help with Your Case
Probate litigation is never easy, but certain family dynamics can make it even harder. At Bundza & Rodriguez, our Daytona Beach probate litigation lawyer has the necessary experience to help you navigate these dynamics and ensure your interests and rights are protected. Call us today at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
