Terence and Marilyn Mariana had children from prior marriages at the time they married.
They had no children together.
- They each agreed to leave their entire individual estates to one another.
- In addition, they agreed that upon the passing of the last to die, the remaining assets would bedistributed equally among the children of both.
- Terence and Marilyn executed mutual wills effectuating this plan, and Terence died first.
- Marilyn inherited all of his assets pursuant to the plan.
- After Terence’s death, however, she changed her will so as to greatly diminish the share of her estate that was to be inherited by Terence’s biological children.
- Terence’s children then sued Marilyn for Tortious Interference with an Expectancy (West Palm Beach), sometimes called Intentional Interference with an Inheritance Florida. (Dugan v. Mariani, No. CV136019901S (Sept. 30, 2014)).
A claim for Tortuous Interference with an Inheritance (Boca Raton) can be a difficult and tricky claim to bring. (See our post on 5 Key Elements of Tortious Interference with an Expectation of an inheritance here.).
- Ultimately, in the case above, the Connecticut court ruled that the plaintiffs (Terence’s Children) did not have sufficient evidence to support their claim against their stepmother.
- Marilyn, the stepmother, thus succeeded in changing the will, and the wishes of her late husband.
How would this case play out under Florida Probate Law. West Palm Beach Probate Litigation attorneys have dealt with many of these cases and know the best way to navigateTortious Interference with Expectancy claims in Florida (Miami / Ft. Lauderdale / West Palm Beach).
Find out more on Tortious Interference with Inheritance in Florida. See http://www.pankauskilawfirm.com for videos and information ontortious interference with an inheritance, tortious interference with an expectancy, andtortuous interference in Florida.