Understanding Inheritance Interference Claims in Florida

This guide explains the inheritance interference lawsuit Florida courts consider, in plain terms. It covers who can bring the claim, what must be proven, and which deadlines often matter. Trust Counsel, PL focuses on probate litigation and trust litigation from its only office, in Coral Gables.

What Tortious Interference with an Inheritance Means in Florida

Courts often call this interference with an expectancy, because the heir had an expectation, not a gift already in hand.

The typical setting is a family dispute over a parent’s or relative’s will or trust. A sibling, a new spouse, a caregiver or an in-law may be the person accused. A contest asks a court to set aside a document.

Who Can Bring the Claim and What Counts as a Reasonable Expectancy

Facts that support a reasonable expectation include:

• An earlier will or trust that named you
• Steady statements by the person who died about the gift
• A close, ongoing relationship with that person

A distant relative who only hoped to inherit will have a harder time. Each family’s facts differ, so the right claim and the right defendant need careful review. Start by collecting every prior plan. Note who was named in each one, and when.

What You Must Prove: The Elements of the Claim

Intent and wrongful means are often the hardest parts. Few people admit wrongdoing, so courts look at circumstances. Timing matters. A beneficiary change made after a decline in health draws close attention. So does a new document that appears after a relative lost access to the person who died.

Will challenges follow their own rules. Under Fla. Stat. § 733.107, the proponent of a will must first make a basic showing that it was properly signed and witnessed. After that, the contestant must prove the grounds for opposing probate.

A will procured by fraud, duress, mistake or undue influence is void under Fla. Stat. § 732.5165. A trust created, amended, or restated that way is void under Fla. Stat. § 736.0406, but only the part procured by fraud, duress, mistake, or undue influence is void; the remainder of the trust stays valid if it is not invalid for other reasons.

Conduct That Commonly Gives Rise to These Claims

Undue influence is the pattern most often discussed in these disputes. Other patterns include forged, altered or backdated documents. They also include false statements to the person who died about family or money, and cutting that person off from relatives. Property can also be moved or hidden before it reaches the rightful heirs.

Florida law also uses a presumption of undue influence in certain relationships. Under Fla. Stat. § 733.107, that presumption guards against abuse of fiduciary or confidential relationships. It also shifts the burden of proof.

Whether any of these examples applies depends on the facts. Keep a written list of who had access to the person who died during the months before a change.

Remedies: What a Claim Can Recover

Remedies depend on the claim and the proof, and no result can be promised in advance. Florida courts have several tools.

For trust matters, Fla. Stat. § 736.1001 lets a court compel a trustee to restore property or pay money. The court can also order an accounting, suspend or remove the trustee, and trace trust property wrongfully disposed of, subject to s. 736.1016, which protects a person other than a beneficiary who in good faith deals with a trustee, without knowledge of the improper exercise of powers, from liability as if the trustee properly exercised the power. Under Fla. Stat. § 736.1002, a trustee who commits a breach of trust is liable for the greater of: (a) the amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or appreciation that would have resulted from proper administration; or (b) the profit the trustee made by reason of the breach. One is the amount needed to restore the trust property to where it would have been. The other is the profit the trustee made from the breach.

For estate matters, Fla. Stat. § 733.504 lists grounds for removing a personal representative. Those grounds include failing to account for estate property and wasting or mismanaging the estate.

In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers, Fla. Stat. § 733.609 provides that the court shall award taxable costs as in chancery actions, including attorney’s fees. When awarding those costs, the court in its discretion may direct payment from a party’s interest, if any, in the estate, or enter a judgment that may be satisfied from other property of the party, or both.

How a Matter Typically Moves Forward

Most matters start with paperwork and a timeline. The steps below show a common path. Each case moves differently.

1. Gather documents. Collect prior wills and trusts, account statements, beneficiary forms and relevant messages.
2. Build a timeline. List each change to the plan, the decedent’s health and who had access.
3. Test the elements. Compare the evidence against each element. Identify the right court and the right parties.
4. Protect deadlines. Under Fla. Stat. § 733.212, an interested person served with a notice of administration must object to the will’s validity, venue or jurisdiction within 3 months after the notice was served on that person. Otherwise those objections are forever barred. The 3-month period may be extended only for estoppel based on a misstatement by the personal representative.
5. Resolve or litigate. A matter may move through demand letters, discovery, depositions, motions, mediation or trial. The Florida State Courts System ADR Resource Handbook describes court-related mediation rules.

Timing varies with the complexity of the case and the court’s schedule. No timeline can be promised.

Related Claims, Deadlines and Fiduciary Issues to Understand

Breach of fiduciary duty claims differ from interference claims. Under Fla. Stat. § 733.609, a personal representative (often called an executor) owes the same fiduciary duty as a trustee of an express trust. The representative is liable to interested persons for loss from a breach of that duty.

Trust contests have their own clock. Under Fla. Stat. § 736.0604, a contest of a trust that was revocable at the settlor’s death is barred if not started within the earlier of the chapter 95 period or six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding. Read the notice carefully and note its date. Learn more in our guide to trust notice and contest deadlines in Florida.

Trustee choice also matters. Compare corporate trustee and individual trustee considerations. If a personal representative must be replaced, see how to remove a personal representative in Florida. Under Fla. Stat. § 736.0706, a court may remove a trustee who has committed a serious breach of trust.

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve as a fiduciary.

Frequently Asked Questions

Can I sue if I was never named in the will?

Do I have to win a will contest first?

When is proof of intent part of a claim?

When can a sibling or in-law be named as a defendant?

Why Talk With Trust Counsel About Your Situation

Trust Counsel, PL focuses on probate litigation and trust litigation from its only office, in Coral Gables. This page is the responsibility of Leslie V. Marenco, a lawyer at the firm. 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, and across Florida.

The first step is a free initial consultation. It is confidential and carries no obligation to continue. Bring whatever documents you have, even if the list is incomplete.

Many people research this claim on a relative’s behalf, after a loss, or inside an estate they did not choose. To talk through your situation, call (305) 707-7126 or schedule online.