When Mom passed away, she left all of her possessions to one of her three children, excluding the other two from her will. The two children who were left out now want to sue the other child. They believe that their mother was coerced into preparing the will and other advanced directives while on her deathbed, and that the child who inherited everything influenced her decisions to protect the assets from probate just before she passed away.
Unhappy with the terms of the will? Perhaps your mother or father passed away and left a will that outlines the distribution of their estate. Maybe you received nothing, or far less than you expected. You might be feeling envious because your sibling inherited more. Are you contemplating suing your brother or sister, challenging the will, or getting involved in the probate process? Before initiating a will contest or a probate dispute involving an estate, will, or trust, take into account the following important considerations.
First, thoroughly think it through before contesting a will or taking legal action against your siblings or other family members over your parents' estate. Understand that starting a probate lawsuit will strain, if not destroy, family relationships. Regardless of the legal terms used by attorneys, you are suing a family member, and it will be seen as a family conflict. If your relationship with your sibling is important to you, reconsider the impact of a probate lawsuit. Otherwise, be prepared to say goodbye to your family bond.
Next, you have heard the term, “penny wise and pound foolish” meaning being careful about spending large amounts of money while being careless only to recover smaller sums, leading to poor financial decisions overall. So, ask yourself, “do I have sufficient money to spend on probate litigation?” Litigation is expensive, and the process may impact your pocketbook substantially. It's crucial to understand the financial commitment required. Do you have an estimate of the legal fees, costs, and expenses from your probate lawyer? Are you aware of the costs associated with going to trial, getting through it, and possibly facing an appeal? Like any significant investment, such as buying property, adequate resources are essential to start, maintain, and complete your probate case. You don't want to begin a probate lawsuit only to abandon it halfway due to lack of funds.
Think about what you have to gain. Do you have a clear idea of what you're pursuing? What are your potential damages, or the range you're aiming for? It's impractical to spend $10 in legal fees to recover $5. Be wise, prudent, and rational. Consult your probate lawyer for an estimate of potential damages—both the best-case outcome and the worst-case scenario in court.
Finally, are you mentally prepared and committed enough to endure a lengthy legal battle, only to risk losing everything to sibling rivalry and jealousy? Remember the biblical tale of Cain and Abel: Cain's envy of Abel, stemming from God's preference for Abel's offering, led to tragic consequences. This story parallels themes in probate cases—like competition and unchecked emotions—that can lead to destructive outcomes.
At Jackson Law PA, located in Orlando, Florida, we specialize in probate, wills and trusts and handling cases across all 67 counties of Florida on a daily basis.