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ADULT CHILDREN FACING PROBATE LITIGATION OVER PARENTS' ESTATES

Law Office of Mary Alice Gwynn, PA Sept. 24, 2019

Almost every family has its issues. For some, the issues may be relatively minor, and for others, serious disagreements could place them on bad terms. In some cases, if surviving family members argue over aspects of a deceased loved one's estate, there is a chance for probate litigation to take place.

Florida residents may be interested in such a dispute taking place out of state. Apparently, a murder-suicide has left five adult children in the position of handling their parents' remaining estate. However, three of the five children are currently involved in a dispute over the size of the estate, whether their mother and father had separate estates, what the decendents' wills say, and other details. One daughter has taken legal action and obtained a court order to prevent her brother and sister from conducting an estate sale at their parents' home.

One brother believes that their father's debts -- estimated at $100 million -- exceed his assets by a substantial amount. It was also noted that a caretaker for one of the siblings who is disabled has filed a lawsuit in efforts to stop two of the children from selling her home, which was partially paid for by their father, as they attempt to recover estate proceeds. Legal representation for the plaintiffs questions whether the estate is truly bankrupt.

It can be immensely problematic when surviving children do not agree on how to handle a remaining estate. As this case shows, it is not unusual for legal action to occur when disagreements do not reach a timely resolution. If Florida residents find themselves involved in probate litigation, they will certainly want to handle their cases in the best manner possible.