Concerned Someone Interfered With an Inheritance?

The claim is called tortious interference with inheritance. It targets the person who interfered. It is separate from attacking the will or trust itself. This page explains what the claim is, what it generally requires, and how the process usually moves.

What a Tortious Interference With Inheritance Claim Is

A tortious interference with inheritance claim is a civil lawsuit against someone who wrongfully interferes with an inheritance you expected to receive. It covers a gift you were counting on but never got.

The person sued is usually a third party. That can be a relative, a caregiver, a friend or a business associate. It is often not the trustee or personal representative, the person who manages the estate.

This claim deals with an expectancy, not a gift already in hand. Many people raise it after the person who died is gone and the expected gift never arrived.

Probate is the court process for settling a person’s estate. Disputes can require court involvement. ACTEC’s probate overview explains the basics.

Common Situations Where Interference Is Alleged

Interference is usually alleged when someone used pressure, lies, isolation or concealment to change or block an estate gift. Common patterns include:

• Isolating an older or ill person from family, or controlling who can visit or call them.
• Making false statements to the person who died, which led to a change in the estate plan.
• Pressuring someone into a new will, trust amendment, beneficiary form or deed.
• Hiding, withholding or destroying estate papers or messages.

Fraud has limits in the law. A promise about the future can still count as fraud if the person never meant to keep it. Frutafino v. Dole Chile states this rule.

Each case turns on its own documents and timeline. Two situations that look alike can have very different facts.

What a Claimant Generally Has to Show

Undue influence is a related but different idea. Florida law says a will is void if undue influence procured it. A trust, or the part procured by undue influence, is also void. See Fla. Stat. § 732.5165 and Fla. Stat. § 736.0406. Those rules challenge the document. An interference claim targets the person.

The burden of proof can shift. Florida law says the presumption of undue influence shifts the burden of proof. It applies to relationships where one person abused a position of trust. See Fla. Stat. § 733.107.

Evidence often decides these cases. Medical records, emails, texts, travel logs and drafts of documents can show who was involved and when. Timing matters a great deal.

How This Claim Differs From Other Florida Estate Disputes

An interference claim targets a person. A will or trust contest targets a document. A removal petition targets a fiduciary’s conduct.

• Will contests. A will contest cannot start before the person who made the will dies. See Fla. Stat. § 732.518. Objections to a will’s validity have a short window. Under Fla. Stat. § 733.212, an interested person must file any objection that challenges the validity of the will, the venue, or the jurisdiction of the court on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person. That 3-month period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period for filing an objection. Unless sooner barred, all such objections must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.
• Trust contests. For a revocable trust, Fla. Stat. § 736.0604 bars a contest not filed within the earlier of the chapter 95 period or six months after the trustee sends the required notice.
• Trustee removal. Fla. Stat. § 736.0706 lists grounds such as a serious breach of trust and unfitness.
• Personal representative removal. Fla. Stat. § 733.504 lists grounds such as wasting or maladministration of the estate.
• No valid will. Property not disposed of by will passes to heirs under the Florida Probate Code. See Fla. Stat. § 732.101. Interference can decide whether a claimant receives anything at all.

Florida sets time limits by type of claim, including under chapter 95. Each claim has its own clock.

How the Process Works, Step by Step

The process usually starts with a consultation. It then moves through document review and claim evaluation. Demand letters or a lawsuit come later.

1. Initial consultation. Your facts, timeline and key people are reviewed.
2. Document collection. Gather wills, trusts, amendments, account statements, messages and records of the decedent’s care.
3. Claim evaluation. The attorney reviews whether a claim against a third party or a document challenge fits the facts.
4. Demand or pre-suit steps. Where appropriate, a written demand or negotiation may come first.
5. Filing and litigation. A case may include discovery, depositions, mediation or trial. Timing varies from case to case.

No result or timeline can be promised in advance.

Why Work With Trust Counsel, PL

Trust Counsel, PL focuses on trusts and estates matters. Its only office is in Coral Gables, Florida.

• The firm’s work includes probate litigation, trust litigation and trust administration.
• Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.
• We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.
• The firm advises and represents trustees, personal representatives and beneficiaries.
• Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve as a trustee or personal representative.

Frequently Asked Questions About Interference With an Inheritance

Talk With Trust Counsel About Your Situation

If a parent or loved one has died or can no longer decide, and a gift you expected is now uncertain, you don’t have to sort out the timeline alone. Book a free strategy call, call (305) 707-7126, or schedule online. The first consultation is free, confidential and carries no obligation to continue.