Can I Sue Over a Lost Inheritance? 5 Things You Need to Know About Tortious Interference When You Are Cut Out of a Will

Cut out of a will?  Dis-inherited?  What are you options in Florida?

If you did not receive an inheritance under a Florida will or a Florida trust and you believe that this was caused by someone doing bad things, you may be able to sue for tortuous interference.  Sometimes referred to as tortuous interference with an inheritance or tortuous interference with an expectancy, this is a lawsuit, suing the person who  you believe wrongfully caused you to be cut out of a will or trust. The lawsuit is sometimes spelled as “tortious” interference.  Here are five tips for someone trying to recover your inheritance with this type of lawsuit.

1. File a lawsuit.  The law does not reward those who sit on their rights.   You may only have four years since the date of the death of the person  you wanted to inherit from. Don’t delay.  There are statutes of limitations.
2. Find out what’s going on in the probate. Is the estate being administered?  Find out and find out now.  You may need to participate in the probate, which is a separate matter than this claim or lawsuit to get your inheritance.  Your probate lawyer or your lawyer who handles probate litigation will help you decide if want to bring the tortuous interference lawsuit in the probate court or the civil court.
3. Decide if you want a jury trial.  A claim for damages like fraud or tortuous interference can get you a jury trial, if you want one.  Talk to your probate litigation team about whether a jury trial even makes sense.  If you want one, demand it right it away, since if  you don’t demand a jury trial right away, you may waive your right to a jury trial.
4. What’s  your litigation strategy?  Your probate litigator should have a clear path to victory.  What’s your trial plan?  How will you prove your case and get a victory?  Do we open a probate if there is not one open?  If there is a probate being administered, do I have to do anything, and, if so, what?  Are there prior wills or trusts and do I have copies of them?  Who are the best witnesses?  Have a clear concise path to winning your lawsuit and a laundry list or check list of things you need, and things you need to get done.
5. Damages.  Let me say it again…..damages.  You MUST prove damages.  You need to understand how to prove damages in a trial, how to calculate them and what a damage range may be if one or more things are proven, or not proven, at trial.   How much are you asking for and why?  And how do you “get” there?   Damages is the last “element” of the tortuous interference with inheritance lawsuit.  Not proving damages is fatal.