Want to file a claim for Tortious Interference with Expectancy / Inheritance? Make Sure You Exhaust All Court Remedies First

If a probate court does not give an adequate remedy there are alternatives such as civil court. A variety of remedies are available but the most common plead in Florida is tortious interference of inheritance or expectancy. A recent case in New Jersey highlights what you need to know before you pursue a remedy outside of the probate courts.

• Linda McDonald brough a suit in federal court alleging tortious interference with inheritance against several Defendants, all family members siblings in fact.
• Linda’s brother , William Jr, was the guardian of their mother and failed to keep an accounting while acting as guardian.
• Linda assumed the role of guardian and her other siblings requested an accounting, Linda refused claiming to be under no obligation to do so.
• Linda claims that her brother as guardian of the mother intentionally removed or wasted approximately four hundred thousand dollars from the mothers assets. 
• Linda claims that her other siblings aided in destroying and concealing the assets of her deceased mother.

Linda’s case was filed in civil court, not probate court. That is because she is alleging a tort, or a civil wrong, rather than a probate matter. This case was in New Jersey where the tort for tortious interference with inheritance was questionable but in Florida this is a well known and often litigated tort.

Cases like this are nothing new to a probate attorney and in Palm Beach these kind of problems are all too common. When your rich uncle in Boca disinherits you because of his tricky new girlfriend, you don’t just want that money back, you want to punish her for her misdeeds. These punishing damages are called punitive damages and they are not available in probate court. This is what prompts a lot of plaintiffs to pursue remedies outside of the probate court. 

The thing you have to remember is you may not be entitled to the remedy you want and another remedy may be considered adequate. Florida probate and civil law only guarantees adequate remedies not the ones you may actually want.

Things to Consider Before Going to Civil Court with a Will Related Matter:

1. Standing is a right to bring an action to Court and that right is limited to people with a claim or controversy, in other words if you were not a beneficiary of the will prior to the tortious interference, you may have nothing to gain and as such no standing.
2. Accessibility of Remedies in New Jersey if the probate courts can afford an adequate remedy then the claim of a tort must be dismissed pending probate relief.  In this case the Plaintiff argued that she sought punitive damages or damages based in punishing wrong doers which are not available in probate court. This may not be enough though, the question is not is it the remedy you want, the question is there an adequate remedy is really what the Court is asking.