What is Tortious Interference in Trust and Probate Disputes
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What is Tortious Interference in Trust and Probate Disputes


Hi. I’m Reed Bloodworth founding partner of
Bloodworth Law. Today I wanted to talk about tortious interference
with a testamentary expectancy. Tortious interference with a testamentary
expectancy is a cause of action that can be used in trust disputes. It can also be used in probate disputes. What tortious interference with a testamentary
expectancy is it’s a cause of action in Florida that requires certain elements. The elements are one a person bringing the
claim the plaintiff believes that they had an expectancy to receive something from a
decedent’s trust or will. The next element is that the plaintiff believes
the defendant the person who’s interfered took some action that required the plaintiff
or resulted in the plaintiff not receiving the expected inheritance. And finally as a result of that the plaintiff
was damaged. And the damage simply means they didn’t
receive the funds or assets they believe they were entitled to. Some common situations pertaining to tortious
interference with a testamentary expectancy are on the plaintiff’s side you are the
son of mother or father who has passed away. Mom or dad had a trust and you believed you
were going to receive something some inheritance some assets from the trust upon their death. However after death you did not in fact receive
that inheritance or assets from the trust. You believe that that’s because some bad
actor took actions to unduly influence your mother or father or committed a fraud against
them somehow created a trust where you didn’t receive your expected inheritance. From the defendant’s side let’s say you
were a caregiver you were a caregiver for an elderly person you took care of them you
were with them for years and they came to form a very close relationship with you. And upon their death you learned that they
left you a substantial sum. You didn’t know about it. You didn’t talk to any attorneys about it. You never discussed it with the decedent. It was complete surprise to you. However the decedent’s blood relatives perhaps
children or some other family relation believes that you have tortuously interfered with their
inheritance and they bring a lawsuit against you on that basis. You claim complete innocence. You didn’t know about it. So obviously you would defend that claim. At Bloodworth Law I represent both plaintiffs
and defendants in tortious interference with testamentary expectancy claims. Additionally we offer various fee options. On the plaintiff’s side we offer contingency
options hourly options and hybrid options. On the defendant’s side we offer hourly
options and flat fee options. So if you have been subjected to a tortious
interference with a testamentary expectancy lawsuit or are considering bringing one give
me a call. Let’s talk about what happened to you.

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