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What happens if I defy a cease and desist letter?

Tampa, FL |

my brother is in from another state after months of arguing pointlessly, he had an attorney write me to "cease and desist" from contacting him we have family business (probate related) that is unresolved, but he doesn't want to cooperate or communicate i forwarded an email i wrote to the rest of the family i sent it to the attorney AND MY BROTHER what's the worst that could happen?

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Attorney answers 3

Posted

Probably nothing. If he retained the lawyer for the probate matter too, then communicate with the lawyer instead of with your brother.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

As the beneficiary of an estate you have the right hire your own counsel to represent your interest. It may be better for your family relationships if you hire your own attorney and have the two attorneys speak to each other instead of you and your brother.

Answer does not constitute legal advice. Please call my office, (727) 471-0039 or contact me at arauman@protectyourfuture.com, if you would like to discuss your Florida legal matter further. This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Asker

Posted

Nice idea, but my borther's attorney only represents him for the cease and desist. He refuses to get an attorney for probate matters and won't talk to me about the pending probate issues.

Adam Troy Rauman

Adam Troy Rauman

Posted

If the probate is in FL your brother will be required to hire an attorney to assist with the process. The only exception is if the estate is a small estate, less than $6000. Although you are not required to have an attorney for an estate less than $75,000, your brother will find it extremely difficult to handle on his own. In any event, if a probate is opened you have the right to hire an attorney to represent you in the matter.

Posted

As your brother has decided to speak through his counsel and does not want contact with you directly, then contact him through his attorney. The attorney is under obligation to relate all communication from you to your brother.

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