Wrongly dis-inherited? Ever go to the bank or brokerage company wondering where the money is?
If you have been wrongly dis-inherited, you may want to know about this civil lawsuit which may be applicable to recover your lost inheritance.
Where’s the Money from the Joint Account?
- A May 12, 2014 appellate opinion from an Illinois court gives guidance on an important element of the inheritance lawsuit known as tortuous interference with an expectancy.
- Don’t be confused: it goes by other names as well:
- Tortuous interference with an inheritance —and sometimes it’s spelled “tortious”
- In Palm Beach, tortous interference with an inheritance or expectancy is a civil action or a civil lawsuit filed by an heir, relative or someone who was supposed to inherit but didn’t.
Understanding the Inheritance Lawsuit of Tortuous Interference with Expectancy
- Palm Beach courts, including probate courts, try these type of inheritance lawsuits all the time
- You have a right to demand a jury trial
- Depending on what you are seeking, you may have to go to the probate court first, to deal with any Palm Beach will or Palm Beach trust document
- So, if you are cut out of a will or trust, and this dis-inheritance was done by someone who did it improperly, you may have a case of tortuous interference with an inheritance against the wrong-doer
- Palm Beach civil courts and Palm Beach probate courts recognize the “tort” or civil wrong or civil cause of action of this type of inheritance lawsuit
- Know how it works with any Palm Beach probate that is going on
- This tort also applies to joint bank accounts or joint brokerage accounts — see the Illinois case which is referenced below
- But you have to demonstrate to the probate court or the judge that you had an expectancy to receive an inheritance…. in this recent Illinois inheritance lawsuit, the case was dismissed because that element was lacking
So, if you are a family member, heir at law or other Palm Beach beneficiary, and you were wrongly cut out or disinherited from a trust, estate, or bank account, consider reading this recent estate lawsuit.
Bonds Were Cashed Out from Joint Account !
- In this Illinois lawsuit, the defendants allegedly fraudulently induced someone to redeem nearly $130,000 worth of savings bonds that she held jointly with plaintiff.
- During probate proceedings after death, plaintiff discovered that the bonds had been cashed out.
- Plaintiff filed this lawsuit, alleging tortious interference with an inheritance expectancy. The circuit court dismissed the complaint, and the appellate court affirmed.
- The case: Judith WIESER, Plaintiff-Appellant, v. Patricia HEINOL and Denise Heinol, Defendants-Appellees. The citation is: 2014 IL App (1st) 132859-U. The court that this opinion came from is the Appellate Court of Illinois, First District, First Division. Judge John Fleming was the judge.