Damages In Estate Lawsuits Explained
If you’re involved in an estate lawsuit, you may want to read a recent case that talks about probate settings and damages for a tortious interference lawsuit with inheritance and expectancy. The link in this case It involves real estate but you need to make a trial, the link between the wrong actions and the damages, the causation.
What happened? Was there tortious interference, and what are your damages? The case that I’m talking about was a case where there’s a split family. The son of a deceased woman, who was married to someone other than the son’s father, engaged in a lawsuit. So you have a son who lost his mom, it’s his Mom’s estate, he ends up suing mom’s second or third spouse. So, you have a stepfather and a stepson.
They’re fighting over real estate. The set step-son sued the step-father for tortious interference with an inheritance, arguing that some real estate was transferred that shouldn’t have been. But in the Appellate Court opinion, the court struggled with the link of causation between the alleged tortious interference and the damages. Was it a million dollars are only $150,000? And did the alleged wrongdoer cause the damage? It’s so important at trial. You have to succinctly explain this to the court that the trier of the fact, or the jury if you’re in the middle of jury trial. If you want to read more about that read the Shakespeare V Prince case 129 Southern II 412. It’s a 2013 case from Florida Second District Court of Appeal.