Estate litigation in Florida does not always take place in the probate court. Florida probate litigation can spill over into the civil court’s when you have a claim for tortious interference with an inheritance or expectancy interest. How much do you know about this (relatively) new tort in West Palm Beach?
Tortious Interference
- Tortious interference with an expectancy interest is a relatively new tort in Florida, one that most Florida probate lawyers are excited about.
- Do you know why?
- Probate attorneys Florida are sometimes limited by the probate rules and the probate court but civil court has many more options.
- Estate attorneys Florida used to be hemmed into probate court and when the strict time limits (sometimes a matter of days) had passed a case went stale.
- Now some cases can be filed by Florida estate attorneys into the civil court.
- Do you know how?
- Florida estate lawyers may be able to file based on an actor’s tortious interference with your inheritance rather than an estate lawsuit.
- Will contest lawyers know that this is a good back up for when your West Palm Beach will contest falls through.
- Check out this recent case out of the Federal Court in Missouri to learn more.
Robinson v. J.J.B. Hillard
- This was an interesting appeal from the civil Federal Court in Missouri.
- Why was this case not in probate court?
- This was a case where one beneficiary to a trust claims that another interfered with their inheritance, i.e. those trust funds.
- Missouri is one of the States, like Florida that allows plaintiffs to sue for this tort.
- Do you know how long Florida has recognized this tort?
- I will give you a hint it is relatively recent innovation.
- Here the case got up on appeal after a Motion to Dismiss was granted because the plaintiff had failed to claim the interference was directly made on the testator.
- Turns out that the Appeals court agreed because the motion was upheld on appeal.
- How much do you really know about this new tort in Florida?
Want to learn more about tortious interference with an inheritance or expectancy interest in Florida?
Check out the entire case of Robinson v. J.J.B. Hillard online to learn more.
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