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What is a Claim for Tortious Interference and Where Do I Sue? West Palm Beach Probate or Civil Court?

Uncategorized Nov 11, 2015
post about What is a Claim for Tortious Interference and Where Do I Sue? West Palm Beach Probate or Civil Court?

When does a will end up in civil court in West Palm Beach? You may  have an action for tortious interferencewith an inheritance or expectancy in West Palm Beach if an attorney in fact or guardian at litem sold property that you would get under the will. Do you know your rights in such a lawsuit?

Tortious Interference

  • Tortious interference with an inheritance is relatively speaking a rather new tort in West Palm Beach.
  • Some people do not even know that this cause of action exists.
  • When do you use this in West Palm Beach?
  • This is a cause of action you use when the person technically played by all the probate rules but still took away your inheritance unjustly.
  • In other words they interfered with in.
  • This is different than a will contest for several reasons.
  • One of which is that it is not brought in West Palm Beach probate court.
  • Another being that it seeks a judgment for damages, not the property in an estate.
  • To learn more about this potential lawsuit talk to an experienced Palm Beach probate litigator today.
  • Check out this recent case out of the Supreme Court of Nebraska to learn more about tortious interference.

Litherland v. Jurgens

  • The decedent’s daughter brought an action against the attorney in fact for decedent after he sold certain real estate that she was destined to inherit. 
  • The plaintiff would have inherited the entire property had it not been sold by the attorney in fact who was also a stepchild of the decedent.
  • Once the property was sold though it went into a bank account that would be split by the attorney in fact and the plaintiff.
  • This kind of transaction may not pass the smell test.
  • The Nebraska Courts had not accepted the cause of action of tortious interference with an inheritance, keep in mind it is a relatively new tort.
  • The West Palm Beach probate court does respect this tort though. 
  • Thus if you find that your probate remedies are inadequate this may be the right move for you.

Want to learn more about tortious interference in West Palm Beach?

Check out the entire case by clicking here.

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