Orlando Probate Litigation: What can you do if a family member is trying to steal your inheritance?
What can you do if a family member is trying to steal your inheritance? Can you sue a sibling for tortious interference of your Florida inheritance if your sibling convinced your dad to write you out of his Florida will? What is tortious interference? How do you know if you have a good case? You should read Slosberg v. Giller and consult with an experience probate litigation lawyer.
In Florida, you can file a claim known as “tortious” interference with an inheritance or expectancy. To win a trial on tortious interference with an expectancy in Florida, you usually have to prove an expectation of an inheritance and that someone caused interference such that you were damaged. This inheritance lawsuit can involve a revocable trust, a will, or a bank account. Slosberg v. Giller, a June 6, 2017 opinion from the Court of Appeals of Georgia, discusses a claim for tortious interference. Although this is not a Florida trust and estates case, Palm Beach and Orlando trust lawyers frequently encounter very similar lawsuits. Here, siblings fight over claims regarding probate fraud after their father changes his power of attorney and estate planning strategy. The son sues the daughters arguing that the father’s actions were the product of undue influence and diminished mental capacity. The daughters asserted counterclaims against the son for defamation, tortious interference, declaratory judgment, and equitable relief. The daughters claim that the son interfered with the administration of the father’s IRA and trust accounts. Furthermore, the sisters argued that the son interfered with the performance of their duties under their powers of attorney. What did the appellate court have to say about this? To read the entire case, click here