Tortious Interference With Inheritance

The legal claim of “tortious interference with an expected inheritance” occurs when someone intentionally prevents, through fraud, duress, or other tortious means, another person from receiving an inheritance or gift that other person otherwise would have received.

In Florida, to establish this cause of action, a plaintiff must allege the following:

1. that he or she had an expectancy of receiving an inheritance;

2. that the defendant intentionally interfered with that expectancy through tortious conduct;

3. that the intentional interference caused the expectancy to change; and

4. that the plaintiff suffered damages as a result.

See Claveloux v. Bacotti, 778 So.2d 399, 400 (Fla. 2d DCA 2001)(citing Whalen v. Prosser, 719 So.2d 2, 5 (Fla. 2d DCA 1998)).

Daniel A. Seigel has successfully prosecuted and defended numerous cases involving tortious interference with inheritance expectation.

Some highlights include:

• Representing plaintiff in litigation to invalidate a trust, involving a claim of intentional interference with inheritance expectation and undue influence, resulting in a favorable settlement for client.

• Representing a defendant in obtaining a dismissal of tortious interference claim, where plaintiff had failed to exhaust probate remedies before bringing the claim.