Has your step-parent depleted your father’s bank account that was Pay on Death to you? Did she succeed in the West Palm Beach will contest on a technicality or the jury just did not buy your case? Do you think you have a cause of action in West Palm Beach civil court for tortious interference with an inheritance or expectancy interest?
Why Not a Will Contest?
- A will contest may not be the right answer all of the time.
- This does not mean that you are out of luck in Court.
- Maybe the will was properly executed and undue influence was just too hard to prove.
- Now what?
- The answer is that you may end up in a different court, civil court rather than probate court.
- You may have an action in tort for an intentional interference with your expectancy or inheritance.
- You will still have to prove the case but all you have to do is show that it is more likely than not that your rights were interfered with.
- This is a relatively new tort in Florida and the rest of the country.
- Has your Palm Beach probate litigator discussed it with you?
- Do you know what you will have to prove to win?
Tortious Interference
- What are the elements you will have to prove to be successful in Court?
- First you are going to have to show that you had an expectancy interest in an inheritance or some form of gift from a decedent.
- Then you will have to show that there was an intentional interference through tortious conduct.
- Do you know what this means?
- Essentially your going to have to show they knew or were substantially certain of what they were doing and how it would alter your West Palm Beach inheritance.
- This may be by far the hardest part of your case.
- What are you going to do when they claim it was not intentional?
- Do you have the evidence ready to win?
- Finally you will have to show damages, or that you were harmed and that the actions were the cause of those damages.
- This probably will not be too hard when you show that all the money was taken from you and that the person was the cause of that.
- Are you ready for trial?