How to bring a tortious interference with inheritance/expectancy case in Florida.

Has someone blocked you from receiving an inheritance in Florida? You may have a valid legal claim against them.  Tortious interference with a will in Florida, also known as tortious interference with an inheritance or expectancy, is a legal claim against someone who may have intentionally interfered with the inheritance, or expectation of an inheritance, of another.

However, because Florida courts try to be as efficient as possible, a tortious interference with an inheritance claim can only be brought under certain circumstances.  First, the claim cannot abridge the jurisdiction of the Florida probate court, meaning that courts will often try to resolve an issue in the Florida probate court first before the tortious interference claim is brought by a plaintiff.  If after the commencement of the Florida Probate proceeding, the plaintiff’s claim still has not been set right, then the plaintiff can bring a claim for tortious interference with an inheritance only if the claim does not conflict with prior orders from theFlorida Probate court.

To state a claim for intentional interference with an expectancy of inheritance, the complaint must allege:

1. The existence of an expectancy, or expected inheritance.
2. An intentional interference with the expectancy through tortious conduct.
3. Causation, or a logical link, between the expectancy and the tortious conduct.
4. That the plaintiff suffered damages as a result of the conduct.

Palm Beach probate litigation attorneys know that this legal claim of action is to protect the decedents former right to dispose his property freely and without improper interference. If adequate relief is available in a Florida probate proceeding, then that probate remedy must be exhausted before such a claim can be pursued. Typically though, if the Defendant’s fraud is not discovered until after probate, then the plaintiff would be allowed to bring a later action for damages since relief in the probate court was impossible.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.