Facebook-f Twitter Linkedin Youtube Instagram
(407) 977-8080
marketing@HoytBryan.com
BOOKS BY US
CONTACT US

When Families Fight, Lawyers Win

There are lots of ways estate plans can go wrong.The family dynamic is often to blame. No one wants to believe their family won’t get along. Realistically we know this isn’t always true.Children of all ages tend to behave best when in the presence of their parents.When mom and dad are gone, sparks are likely to fly.So, what can be done?

There is an increasing trend in estate planning to nominate professionals such as attorneys, certified public accountants and corporate trustees, rather than family members, as agents under a Power of Attorney, successor trustees in a Living Trust and as executor/personal representative in a Last Will.Parents are making these professional designations with the intention that the professional representative (someone who “doesn’t have any of the family baggage”) will be able to efficiently and harmoniously administer their affairs and estate at an overall lower overall cost.

Keep in mind that the “cost” of handling someone’s affairs – either at disability or death – is not just financial.The cost can also be personal, professional, emotional and spiritual.Far too often, if a family member is expected to carry out the responsibilities related to the personal, financial and legal management of a parent, they are also expected to do so “for free.”

Nothing in life is free, certainly not taking on the responsibility for the oversight, care and management of an ailing parent or their estate.Typically, the responsibility will fall to the child that lives the closest – this is the one we refer to as “the good child.”.They are expected to put their lives on hold while every waking moment is spent either directly or indirectly dealing with the details. The list of details is endless and often with no end in sight.

Family members who are not involved in the day-to-day are unaware of the stresses caused by having to juggle multiple lives; their life (including their immediate family that could include a spouse, children and pets) and the life of the parent.Those in absentia often have a distorted view of the time and energy it takes accomplish all that needs to be done.And, it’s easy to play “Monday morning quarterback” and criticize the actions of the person charged with making decisions in the moment.

If there’s an only child, the pressure can be even worse.They literally don’t have anyone to share the responsibilities with.We call it, both a blessing and a curse.One the one hand, they don’t have to consult with siblings about their decisions.On the other, they aren’t subject to the criticism for the decisions they do make.

When families can’t resolve their issues amicably, inevitably a lawsuit will result.The Court Statistics Project reports that in 2017, there were approximately 16 million civil cases filed in all categories.Approximately 900,000 of these cases were related to probate and estates.Undoubtedly, of the 15.1 million remaining cases, a percentage were related to family disputes (not divorce, which represented another 5 million cases). The point is, there’s a lot of litigation going on.

The Family Wealth Transfer Report has determined that by the year 2030, more than $15 Trillion (that’s with a “T”) dollars of wealth will be transitioned from one generation to the next.Today, more than 22.4 million people have a net worth between $1 million and $30 million and that figure is forecast to increase by another 6.2% over the next five years.Estates in excess of $1 million dollars are no longer the exception, they are becoming the norm.The Greatest Generation and the Baby Boomers did a great job of saving their money.Now they face the challenge of passing that wealth on to children and loved ones.

Our experience shows that the two most common questions asked at a funeral are, “What do I get?” and “When do I get it?”And, generally this is prefaced with the phrase, “I don’t mean to be greedy, but…”Shocked?It happens every single day, many times a day.Most people are too polite to utter these words before mom and dad die, but the minute they are gone, the true nature of the family dynamic shines through.

This “What do I get” and “When do I get it” attitude starts the family fight ball rolling down the hill.The kids are in town, they might as well start helping themselves to those items of personal property that remain in mom or dad’s home.This is done before any accurate inventory of personal property can be completed and the property secured.It isn’t unusual for jewelry, collectibles and artwork to “go missing” at this vulnerable time.

If mom or dad received well-intentioned, but misplaced, advice from a banker or financial advisor and one of the kids’ names is on their bank account and/or investments, the fighting is nearly ready to ignite. Parents tend to believe the “good child” will always do the right thing.As a result, there shouldn’t be any harm in putting their name on assets for “convenience.”The legal effect, however, is to make that child the ultimate owner of the asset with no legal responsibility to share.Even if they agreed to share, there may be gift tax or other unintended consequences.

These are just a few examples of how things can start to go wrong.Others include the mismanagement of mom/dad’s assets while they are mentally incapacitated.Too often, the child in charge starts to treat mom/dad’s resources as their own, paying their mortgage, car payments, college tuition for grandchildren or other expenses.Attention to detail and the maintenance of good records is rarely a priority.After all, they have the full-time responsibility of caring for mom/dad as well.

After mom/dad passes, the child in charge is drained and exhausted from the time invested in the parent’s care.Now, with an opportunity to regain their own life, they are charged with the new responsibility of administering the estate.They’ve just been dropped onto a planet where they know no one and don’t speak the language.They also don’t appreciate how much personal liability they have for making sure everything is properly accounted for, property is maintained, investments are secure all creditors and taxes are paid, and the estate is properly distributed.

At this writing, we are bystanders to a myriad of family disputes. Here are a few examples: One brother refuses to properly account for the assets of the parents and hasn’t provided an accounting to his sister in more than two years!In another, two sisters have ganged up on the children of a deceased brother and refuse to share financial information and access to their rightful inheritance.In yet another, the eldest sister helped herself to mom’s debit card after death, cleaned out her bank account and refuses to provide any explanation for the missing funds.In addition, she’s commandeered the assets of a disabled sibling and is using those funds for her personal needs, including manicures and mortgage payments on her beach house.Another case involves a brother who has taken all of dad’s assets, refuses to provide any type of accounting and has deprived his sibling and the grandchildren of their intended inheritance.Each of these cases has resulted in protracted litigation with numerous attorneys in multiple states and tens of thousands of dollars in litigation fees and court costs.

These are just a sample of the cases that have resulted in litigation.Sometimes, in an attempt to avoid costly family litigation, the aggrieved family members simply walk away and the “bad actor” ultimately wins and ends up keeping the entire family inheritance.In both instances, the relationship among the family is irrevocably damaged.

The Law Offices of Hoyt & Bryan recognizes and embraces the desire to maintain family harmony.Our trust administration services now include representation as Personal Representative and/or Successor Trustee for those families who desire to employ the services of a dedicated legal professional.Our attorneys have more than sixty years of combined experience. Hoyt & Bryan is the only Florida law firm with two attorneys who hold the distinction of dual Florida Bar Board Certification in both Wills, Trusts and Estates and in Elder Law.

For more information, call 407-977-8080 to schedule your appointment today!

Share:

382 Responses

  9. This explains the rise of UNATCO – observe that one step in making the United States undergo UNATCO’s will was the destruction of the Statue of Liberty, seen initially of the game (in all its low-framerate glory).

  10. Hello there! Do you know if they make any plugins to assist with SEO?
    I’m trying to get my website to rank for some targeted keywords but I’m not seeing very good results.

    If you know of any please share. Thank you! You can read similar article
    here: Coaching

  11. Hey terrific website! Does running a blog similar to this take a large amount of work?I have no understanding of computer programming but I was hoping to startmy own blog in the near future. Anyhow, if you have any ideas or techniques for new blog owners please share.I know this is off topic but I just needed to ask.Many thanks!

  17. An outstanding share! I have just forwarded this onto a friend who has been doing a little homework on this. And he actually ordered me lunch simply because I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to discuss this matter here on your website.

  22. cheapest online pharmacy india [url=https://indiamedfast.shop/#]india pharmacy without prescription[/url] India Med Fast

  33. online medicine shopping in india [url=http://indiamedfast.com/#]online medicine shopping in india[/url] order medicines online india

  40. canadian mail order pharmacy [url=http://interpharmonline.com/#]certified canada pharmacy online[/url] canadian pharmacy meds review

  42. Just how does one make money from blogs? How does one start it or go about it? Is there a specific way to do it? Just how does one make money from blogs in the first place? Where does one get started in this? Do you have to advertise and use your credit card? Are there any certain kinds of rules you have to follow? Do you have to set the blog up yourself or are there ones that help you set up it up? How do you get advertisers on your blog? Are people limited to the number of blogs online? How often do you get paid?. . Thanks for the help!.

  53. KamagraKopen.pro [url=https://kamagrakopen.pro/#]kamagra jelly kopen[/url] kamagra gel kopen

  56. I am extremely impressed together with your writing abilities as neatly as with the layout to your weblog. Is that this a paid theme or did you modify it your self? Anyway stay up the nice quality writing, it is rare to peer a great weblog like this one nowadays. I like hoytbryan.com !

  61. Generic100mgEasy [url=https://generic100mgeasy.com/#]Generic 100mg Easy[/url] cheap viagra

  66. I am extremely inspired with your writing talents and also with the layout to your weblog. Is this a paid topic or did you customize it your self? Either way stay up the excellent high quality writing, it is rare to peer a nice blog like this one today. I like hoytbryan.com ! Mine is: Tools For Creators

  69. Generic 100mg Easy [url=https://generic100mgeasy.com/#]Generic 100mg Easy[/url] Generic100mgEasy

  76. TadalafilEasyBuy.com [url=https://tadalafileasybuy.com/#]п»їcialis generic[/url] TadalafilEasyBuy.com

  82. sildenafil online [url=http://generic100mgeasy.com/#]cheap viagra[/url] Generic100mgEasy

  86. Woah! I’m really digging the template/themeof this website. It’s simple, yet effective. A lotof times it’s tough to get that “perfect balance” between superb usability and appearance.I must say you have done a superb job with this.Additionally, the blog loads very fast for me on Opera. Excellent Blog!

  90. Generic100mgEasy [url=http://generic100mgeasy.com/#]Generic 100mg Easy[/url] Generic 100mg Easy

  95. Tadalafil Easy Buy [url=https://tadalafileasybuy.com/#]Tadalafil Easy Buy[/url] Generic Tadalafil 20mg price

  99. It is actually a nice and helpful piece of information. I’m satisfied that you simply shared this useful info with us. Please stay us informed like this. Thank you for sharing.

  102. buy generic 100mg viagra online [url=http://generic100mgeasy.com/#]Generic100mgEasy[/url] Generic Viagra online

  105. at web, except I know I am getting familiarity all the time by reading thes pleasant posts.|Fantastic post. I will also be handling some of these problems.|Hello, I think this is a great blog. I happened onto it;) I have bookmarked it and will check it out again. The best way to change is via wealth and independence. May you prosper and never stop mentoring others.|I was overjoyed to find this website. I must express my gratitude for your time because this was an amazing read! I thoroughly enjoyed reading it, and I’ve bookmarked your blog so I can check out fresh content in the future.|Hi there! If I shared your blog with my Facebook group, would that be okay? I believe there are a lot of people who would truly value your article.|منشور رائع. سأتعامل مع بعض هذه|

  108. Generic100mgEasy [url=http://generic100mgeasy.com/#]Generic 100mg Easy[/url] Generic 100mg Easy

  111. buy generic 100mg viagra online [url=https://generic100mgeasy.shop/#]buy generic 100mg viagra online[/url] buy generic 100mg viagra online

  123. Kamagra kaufen ohne Rezept [url=http://kamagrapotenzmittel.com/#]Kamagra Gel[/url] Kamagra online bestellen

  136. Apoteket online [url=https://apotekonlinerecept.com/#]apotek online recept[/url] apotek pa nett

  142. de online drogist kortingscode [url=http://apotheekmax.com/#]Apotheek online bestellen[/url] ApotheekMax

  149. Kamagra Oral Jelly [url=http://kamagrapotenzmittel.com/#]Kamagra Original[/url] Kamagra kaufen

  153. apotek pa nett [url=https://apotekonlinerecept.com/#]apotek pa nett[/url] Apoteket online

  160. pharmacy rx world canada [url=https://gocanadapharm.com/#]GoCanadaPharm[/url] pharmacy com canada

  165. Agb Mexico Pharm [url=http://agbmexicopharm.com/#]buying from online mexican pharmacy[/url] mexican rx online

  173. reputable indian pharmacies [url=http://wwwindiapharm.com/#]www india pharm[/url] india online pharmacy

  178. www india pharm [url=https://wwwindiapharm.shop/#]top 10 online pharmacy in india[/url] top 10 online pharmacy in india

  186. canadian pharmacy no rx needed [url=https://gocanadapharm.shop/#]onlinepharmaciescanada com[/url] pharmacy rx world canada

  193. canadian pharmacy 24 [url=https://gocanadapharm.shop/#]go canada pharm[/url] the canadian drugstore

  198. where to get generic clomid [url=https://clomfastpharm.shop/#]where can i get generic clomid now[/url] order clomid

  204. Clom Fast Pharm [url=https://clomfastpharm.com/#]can you buy generic clomid online[/url] can i purchase generic clomid

  212. amoxicillin 250 mg price in india [url=https://amonlinepharm.com/#]AmOnlinePharm[/url] AmOnlinePharm

  219. where to get zithromax [url=https://zithpharmonline.shop/#]ZithPharmOnline[/url] zithromax capsules australia

  225. amoxicillin 500mg capsule cost [url=https://amonlinepharm.shop/#]buy amoxicillin online uk[/url] can we buy amoxcillin 500mg on ebay without prescription

  234. AmOnlinePharm [url=https://amonlinepharm.com/#]AmOnlinePharm[/url] amoxicillin buy canada

  242. sweet bonanza [url=http://sweetbonanza1st.com/#]sweet bonanza demo[/url] sweet bonanza giris sweetbonanza1st.com

  247. sweet bonanza 1st [url=https://sweetbonanza1st.com/#]sweet bonanza slot[/url] sweet bonanza yorumlar sweetbonanza1st.com

  253. sweet bonanza siteleri [url=https://sweetbonanza1st.com/#]sweet bonanza slot[/url] sweet bonanza oyna sweetbonanza1st.com

  259. sweet bonanza oyna [url=https://sweetbonanza1st.com/#]sweet bonanza giris[/url] sweet bonanza slot sweetbonanza1st.com

  263. sweet bonanza yorumlar [url=http://sweetbonanza1st.com/#]sweet bonanza demo[/url] sweet bonanza siteleri sweetbonanza1st.com

  272. sweet bonanza oyna [url=http://sweetbonanza1st.com/#]sweet bonanza siteleri[/url] sweet bonanza slot sweetbonanza1st.com

  279. casino siteleri [url=http://casinositeleri1st.com/#]bahis siyeleri[/url] slot casino siteleri casinositeleri1st.shop

  304. I loved as much as you will receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get bought an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly a lot often inside case you shield this hike.

  308. usa mexico pharmacy [url=http://usmexpharm.com/#]certified Mexican pharmacy[/url] Us Mex Pharm

  314. UsaIndiaPharm [url=https://usaindiapharm.shop/#]UsaIndiaPharm[/url] indian pharmacy online

  318. I wanted to thank you for this excellent read!! I absolutely loved every little bit of it. I have you saved as a favorite to check out new stuff you post…

  322. USA India Pharm [url=https://usaindiapharm.com/#]india online pharmacy[/url] mail order pharmacy india

  328. best india pharmacy [url=http://usaindiapharm.com/#]top 10 online pharmacy in india[/url] USA India Pharm

  335. UsaIndiaPharm [url=https://usaindiapharm.com/#]buy medicines online in india[/url] USA India Pharm

  343. USA India Pharm [url=https://usaindiapharm.shop/#]UsaIndiaPharm[/url] Online medicine home delivery

  349. USA India Pharm [url=http://usaindiapharm.com/#]cheapest online pharmacy india[/url] UsaIndiaPharm

  358. india pharmacy [url=https://usaindiapharm.com/#]world pharmacy india[/url] top online pharmacy india

  361. canadian pharmacy 1 internet online drugstore [url=https://usacanadapharm.shop/#]USACanadaPharm[/url] USACanadaPharm

  368. USACanadaPharm [url=https://usacanadapharm.com/#]USACanadaPharm[/url] canadian discount pharmacy

  376. usa canada pharm [url=https://usacanadapharm.shop/#]canada drugs online reviews[/url] usa canada pharm

  381. usa canada pharm [url=http://usacanadapharm.com/#]USACanadaPharm[/url] canadian pharmacy 24

Leave a Reply

Your email address will not be published. Required fields are marked *

Table of Contents

On Key

Related Posts

The Law Offices of Hoyt & Bryan are committed to educating the community on the basics of Estate and Medicaid planning.
We recommend our clients attend an educational workshop prior to scheduling an appointment to better prepare them for a consultation; however, attending a workshop is optional. For inquiries drop your message in the form below.

Full Name *

Advice you can trust, from people you like.
The Law Offices of Hoyt & Bryan is Central Florida’s leading estate planning and elder law firm and the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates as well as in Elder Law. We were founded in 1999 and our main office is located in the heart of historic Oviedo, Florida. 

Our office address:
254 Plaza Drive
Oviedo, Florida 32765

Facebook-f Twitter Linkedin Youtube Instagram

Our Privacy Statement

Practice Areas

marketing@HoytBryan.com

(407) 977-8080

Books

FAQs

100% board certified logo

© 2025 The Law Offices of Hoyt & Bryan
ALL RIGHTS RESERVED