Six Facts That Demonstrate Intentional Interference With An Expected Inheritance
When someone interferes with another person’s estate plan—whether by fraud, duress, or some other means—and intentionally prevents another person from receiving an inheritance, it may be grounds for court involvement. California recognizes this action, known as Intentional Interference with an Expected Inheritance, and allows individuals who were wrongfully deprived of their inheritance to seek protection from the court. If a will contest is also an available remedy, however, you may be required to pursue that option first. Winning a case of intentional interference is not easy and requires the guidance of an experienced attorney.
Do You Have a Case for Intentional Interference With an Expected Inheritance?
In order to pursue this cause of action, you must show that you meet the following criteria:
- You had a reasonable expectancy that you would be receiving an inheritance.
- You can prove that if the person had not interfered, the inheritance that you expected would have been in place at the time your loved one died.
- The defendant knew about your expectancy with regard to the inheritance and took deliberate action to interfere.
- The action that the defendant took to interfere was wrong for a reason other than just the fact that he or she was interfering.
- You suffered damages as a result of the interference.
- The fraud, duress, undue influence, or other conduct involved must have caused your loved one to take some action that deprived you of your inheritance.
Since this cause of action requires an in-depth knowledge of a highly technical area of the law, we strongly encourage you to contact an experienced attorney who can help you evaluate the facts and circumstances of your case. We have helped many clients successfully resolve their trusts and estates legal matters and we would be happy to help you as well. Read what our former clients have had to say by checking out our client testimonials page today.
The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307