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

Probate, and all of the steps in the journey of moving a decedent’s estate through the probate process, can be a challenging experience. Even a life changing one. Not only might you inherit (or lose access to) a great amount of property or other sentimental items – your relationships with your remaining family may be affected. Lawsuits between family members fighting over the dictates of a will, or of a contested inheritance, can bring about substantial financial consequences. Win or lose, time and money will go into the lawsuit, and your relationships will probably look different coming out of it.

So what can you proactively do if you are being sued over the rights to your inheritance? What options could you have if a family member sues in order to collect from a loved one’s estate?

Can One Sue for Inheritance?

In certain limited circumstances, a person does have the ability to sue for inheritance. These cases will come about if someone is a person who would, normally, have a reasonable expectation to inherit from a decedent’s estate.

Interested parties who have appropriate “standing” have the ability to challenge a decedent’s last will and testament. “Standing” will be developed if a person demonstrates that they have a legitimate and timely interest in the matter that constitutes the ability to sue. One party who might have standing could be, for instance, a surviving spouse. A surviving spouse will, under normal circumstances, have the right to claim an elective share of an estate and to exempt certain property (such as, for instance, the family home) from provisions under the will. Other individuals who may have standing include minor dependents of the decedents. These individuals (their representatives) have a right to assert a claim for support and certain exemptions while an estate goes through the probate process or the probate case is being litigated.

In most other cases, if a suit is filed for an inheritance, then the appellant is asking the Florida Probate Court to set aside the deceased’s provisions and either enforce an earlier version of the decedent’s estate plan, or is asking the probate court to, instead, apply intestate succession laws. To better understand what a suit like this would entail and the likelihood of success, consult an experienced probate litigation attorney.

What to Do if You are Being Sued Over Inheritance

But what if it is YOU who is set to receive an inheritance – and another party is suing over it?

Hire Your Own Attorney

The first thing you should consider doing is hiring your own probate attorney. Unless you are the personal representative, you should not solely rely on the estate to represent your interests. Personal representatives of estates in Florida are required by law to not give preference to one beneficiary over another. This means that while the personal representative of an estate can defend the validity of a last will and testament, they cannot, specifically, defend YOUR interests.

Hiring your own probate lawyer ensures that you understand your specific rights under the law, and further ensures that you have a professional expert in your corner who can directly advocate for your position and your rights.

In part two of this series we will further detail additional specific steps you can take in your journey to facing a lawsuit over an inheritance.

Contact Suncoast Civil Law

The knowledgeable Sarasota probate litigation attorneys at Suncoast Civil Law have helped many clients smoothly navigate through Florida’s notoriously tricky probate process. Contact our office to begin speaking with our expert legal team today.

Sources:

cowboystatedaily.com/2024/07/17/casper-chiropractors-son-loses-inheritance-for-suing-co-heirs/

lawyer-monthly.com/2024/10/barrister-accused-of-forging-will-to-steal-inheritance/