I’m Being Sued Over My Inheritance: What Do I Do? Part II

Probate is intricate, and can be quite a challenge to navigate through. Fortunately, the experienced legal team at Suncoast Civil Law can help. In part one of this series, we began the discussion concerning the drama that can ensue if someone challenges a will, or otherwise tries to challenge your right to your inheritance. In part two of this series, this article will discuss what you can do if you find yourself facing a challenge for your inheritance. For official, detailed advice specific to your own situation, contact the elite will & probate attorneys at Suncoast Civil Law.

Gather Your Records

A full preparation for any legal battle will include fully understanding your evidence and your documents. That is particularly true in challenges to an estate/inheritance. If you are being sued for your inheritance, it is likely that a family member or other designated beneficiary believes they should be receiving all, or a portion, of your designated share of the estate. You will want to gather any necessary documentation that will help you to defend against such a lawsuit. This will include (but is not limited to) the estate plan, the last will and testament, or the trust document. Any communications you received concerning your inheritance, bank records, etc., may also come into play.

Prepare Your Defense

Your probate attorney can review all of the necessary documentation and help you in preparing your strongest legal defense. Often, this is going to start off with a precise reading of the Will itself. Your defense might include a number of strategies, to include an investigation to prove out the deceased’s mental state, and their circumstances leading up to their ultimate decisions and eventual death.

Knowledgeable handling and presentation of these facts is especially important if you are being sued for undue influence – or, in other words, there is an accusation that you unduly coerced or influenced a person into giving you unfair amounts or bequests in their estate plan. It will be important to present any facts and evidence that help support that the testator’s decision has been sound and is free from any undue influence.

Negotiate Potential Settlements

Lawsuits over estates are usually always between loved ones. Because of this, they can be highly emotional and permanently affect your close family relationships. Working with your attorney to identify options for out of court settlements can save you time, minimize strain on family relationships, and can help to avoid the costs of going to trial.

Out of court settlement will not be possible or best in some situations, but is often worth thinking about.

Attend Depositions and Hearings

Someone being sued over an inheritance should expect to participate in several probate court hearings. This could, potentially, include performing a deposition. Depositions are out-of-court interviews in which one party asks someone questions under oath. The whole meeting is recorded and can later be used on the record. A probate attorney can help you prepare for depositions and hearings, and discuss strategies you can use to approach the process knowledgeably and calmly.

Trust Suncoast Civil Law to Advocate for you.

Often, the issues around a will challenge are highly technical. The most key elements of a case may, in fact, have little to do with you, and everything to do with the deceased’s actions prior to their death. A trusted Sarasota probate litigation attorney from Suncoast Civil Law will know how to best advocate for you in your own unique case. Contact our office today to begin working with an attorney and understanding the issues and steps required to defend your inheritance in court.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLII#TitleXLII

usatoday.com/story/money/2024/07/30/inheritance-probate-process-explained/74592143007/