Tortious interference with inheritance rights is a legal claim that arises when someone intentionally interferes with another person’s right to inherit property. This can occur in a variety of ways, such as undue influence, fraud, or coercion. For example, a disgruntled family member might try to convince an elderly relative to change their will in favor of the interfering party. Or, someone might forge a will altogether.
What are the Elements of Tortious Interference with Inheritance Rights?
To successfully bring a claim for tortious interference with inheritance rights, the plaintiff must prove several elements:
- The existence of an expectancy of inheritance.
- Intentional interference by the defendant with that expectancy.
- Causation—that the defendant’s actions were a proximate cause of the plaintiff’s loss of inheritance.
- Damages—the plaintiff suffered actual damages as a result of the loss of inheritance.
I recall one instance where a client came to me, distraught because his estranged brother had convinced their mother to leave him out of her will entirely. The brother, who was struggling financially, had painted a false picture of our client being irresponsible and undeserving. My client was devastated not only by the financial loss but also by the emotional betrayal.
How Common is Tortious Interference with Inheritance Rights?
It’s difficult to quantify exactly how common tortious interference with inheritance rights is because these cases often settle out of court. However, it’s safe to say that it’s a serious issue that can have devastating consequences for families.
What are Some Examples of Tortious Interference?
“A few years ago,” Ted Cook reflects, “I represented a family where the patriarch had been manipulated by a caregiver into changing his will. The caregiver, who had befriended the elderly man, convinced him to leave her a significant portion of his estate while disinheriting his own children.” This type of situation is unfortunately not uncommon, highlighting the vulnerability of older individuals and the need for vigilance in protecting their interests.
What Defenses are Available Against a Claim of Tortious Interference?
Defendants in tortious interference cases may raise several defenses. For example, they might argue that their actions were justified or that the plaintiff did not have a valid expectancy of inheritance.
Victims of tortious interference can seek various remedies, including monetary damages to compensate for their lost inheritance and punitive damages designed to punish the defendant for their wrongful conduct.
Can a Trust Protect Against Tortious Interference?
Yes, properly structured trusts can be effective tools in minimizing the risk of tortious interference. By clearly outlining beneficiaries and distribution terms, a trust can make it more difficult for someone to successfully challenge or interfere with the settlor’s wishes.
What Steps Can I Take To Protect Myself From Tortious Interference?
Ted Cook advises: “Open communication within families is crucial. Discuss estate planning intentions openly and honestly. Consider consulting with an experienced estate planning attorney who can help you create a legally sound plan that reflects your wishes and minimizes the potential for disputes.”
In another case, I was able to help a family successfully defend against a claim of tortious interference. A distant relative alleged that our client had unduly influenced their grandmother into leaving them out of her will. However, we were able to present evidence demonstrating the grandmother’s independent decision-making capacity and her clear intent to distribute her assets according to her wishes. The case was ultimately dismissed.
Remember, seeking legal advice from an experienced attorney like Ted Cook is crucial when dealing with complex estate matters. They can guide you through the process, protect your interests, and ensure that your wishes are honored.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
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About Point Loma Estate Planning:
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Point Loma Estate Planning Law, APC. area of focus:
Trust administration: is the process of managing and distributing the assets held within a trust, following the instructions outlined in the trust document, by a trustee who has a fiduciary duty to act in the best interests of the beneficiaries.
What it is: Trust administration involves the trustee taking control of the trust assets, managing them, and ultimately distributing them according to the terms of the trust agreement.
Purpose of Trust Administration:
Estate Planning: Trust administration is often part of a larger estate plan, helping to ensure that assets are managed and distributed according to the settlor’s wishes.
Avoiding Probate: Trusts can help avoid the public and often lengthy probate process, which can be a more efficient way to transfer assets.
Protecting Beneficiaries: Trust administration helps ensure that beneficiaries receive the assets they are entitled to, in a timely and efficient manner.
When Trust Administration Begins: Trust administration typically begins after the death or incapacity of the settlor, triggering the trust’s provisions and requiring the trustee to take action.
In More Detail – What Is Trust Administration?
Trust administration is the process of managing and distributing the assets held within a trust in accordance with the terms set by the trust document and applicable state law. A trust is established when a person (the settlor or grantor) transfers assets to a third party (the trustee), who holds and manages them for the benefit of one or more individuals or entities (the beneficiaries).
Trusts can be created during the settlor’s lifetime (inter vivos or living trusts) or upon their death (testamentary trusts, typically established through a will). When the settlor of a trust dies, the trustee becomes responsible for administering the trust. This may involve marshaling and valuing trust assets, paying debts and taxes, maintaining records, and eventually distributing the trust property to the named beneficiaries. Trustees often work with a trust administration attorney to ensure the process is handled properly and in compliance with legal obligations.
You may become a trustee or beneficiary of a trust after the death of a loved one. For instance, a parent might set up a trust to provide for a minor child, designating a trustee to manage and distribute funds for the child’s benefit until they reach a specified age or milestone.
Trusts can hold a wide range of assets, including real estate, financial accounts, retirement accounts (like IRAs), investments, and personal property. In most cases, the trust administration process begins shortly after the trustee receives the settlor’s death certificate and reviews the trust instrument.
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