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Unlike many other types of lawsuits, probate litigation pits family members against one another over how a loved one’s assets will be divided, or who will be responsible for their end-of-life care. That makes probate litigation more emotionally charged, and means that the consequences can last long after a final judgment is entered. Understanding how family dynamics can impact probate litigation can help you make thoughtful and empathetic decisions about your case strategy, protecting your interests and your family relationships.
Probate litigation can bring out the worst in even the closest family. Disagreements can arise over:
These disputes are central to many forms of probate litigation. Family members’ existing distrust or resentment can be exacerbated by the litigation process, causing conflict and even lasting emotional harm. That is why it is important to work with a probate attorney who understands the emotional dynamic of any probate lawsuit, and can help you navigate and resolve those parts of the conflict that have little to do with the application of the law.
One common form of family dynamics that can impact probate litigation is sibling rivalry. When the “family story” says that one child is favored over the others as the “favorite” or when circumstances pit siblings against each other, these emotional conflicts can easily escalate. If siblings are unable to set aside their long-held assumptions about one another dating back to childhood, it can delay and even defeat efforts to resolve conflicts over the distribution of a parent’s estate. However, when those dynamics are recognized and resolved – often through the help of a grief counselor or family therapist – the probate process can sometimes be healing for all involved.
Second marriages, stepchildren, half-siblings, and other forms of blended families are far more common today than in generations past. These blended families bring with them more complex family dynamics which can impact probate litigation because different parts of the family may have different expectations. There may also be long-standing grudges and resentment as a result of family history.
In the high-stress circumstances that come with probate litigation, these existing family dynamics can result in higher conflict, and often hurtful allegations that only drive family members further apart. For example, the children from an earlier relationship may harbor hard feelings toward their parents’ second spouse, causing them to fight against the application of the spousal elective share and homestead exemptions allowed under Florida law. Even though the law in this area is generally clear, the interpersonal conflict within a blended family can make the probate litigation process harder, longer, and more complicated than it needs to be.
In the most severe cases, a hostile family dynamic may cause relatives to question how a loved one’s estate plan was created in the first place. When one sibling or family member has taken the primary role in providing care for an aging family member, possibly to the exclusion of other family members, distrust can result in a Will challenge lawsuit for undue influence. If successful, this form of probate litigation invalidates the deceased’s estate plan (either a Will or a trust), reinstating an earlier version or defaulting to Florida’s intestate succession laws. These laws favor the deceased’s closest relatives, which can create unintended consequences for more distant relatives or “fictive kin.”
You don’t have to let your family history lead you to high-conflict probate litigation. Strategic use of out-of-court options can remove some of the tension and help everyone feel included in the resolution. The most common form of alternative dispute resolution in probate cases is mediation. When a case is referred to mediation (most are), it gives all the interested parties an opportunity to come together and work through their differences with the help of a facilitator. The parties are given significant flexibility to craft a solution that will honor each beneficiary’s needs, interests, and role within the family. That means parties and their attorneys can consider the family dynamic and work to preserve and even improve relationships while reaching a resolution that everyone can live with.
At Harrison Estate Law, P.A., our experienced estate and probate team can help you address the family dynamics that impact your probate litigation. We will stand beside you through mediation and in court to make sure your interests are heard and your needs met. Contact us here or call 352-559-9828 to get help today.
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