Tortious Interference

I am considering going the route of Tortious Interference with Expected Inheritance, in PA. See from previous posts, mom disinherited all intestate heirs.

Not sure what the point of the post is -- did you have a question?  (Recalling your screen name, I seem to remember this being posted about fairly exhaustively, but may be wrong.)

We're not going hunting for your posts.

Post a link.

StenosisJones:

mom disinherited all intestate heirs.

That doesn't make any sense.

StenosisJones:

Tortious Interference with Expected Inheritance

No way, Jose.

Nobody is entitled to an inheritance. If you expect one from a person and that person doesn't leave you one, you get your TS Card punched, but that person didn't do anything wrong to you. Other than in your own mind, of course, but certainly not in any court of law in this country.

StenosisJones:

I am considering going the route of Tortious Interference with Expected Inheritance, in PA. See from previous posts, mom disinherited all intestate heirs.

The previous thread you had on this that I can find is this one: Unclean Hands and Will Invalidation. Nothing about what you wrote there suggests coming close to a "tortious interference" with anything. What, exactly, makes you think you might have a claim to make on this? From what you've said so far, I think you are grasping at straws here. I understand you're unhappy your mother apparently disinherited you, but she's allowed to do that. Unless you can find a defect in the will, you're likely out-of-luck on this.

Adjuster Jack, I get the feeling you don't love me.

We had a verbal agreement, that she would rewrite her will and include a provision specifically for me. She contacted her attorney, and executed a new will. It took 6-weeks for this to happen; and in the end, it is the same as the previous document.

StenosisJones:

We had a verbal agreement, that she would rewrite her will and include a provision specifically for me. She contacted her attorney, and executed a new will. It took 6-weeks for this to happen; and in the end, it is the same as the previous document.

Those kinds of verbal agreements are not enforceable.

And, yes, I do love you.

It is entirely possible she told you what you wanted to hear to get you to leave her alone.  In the end the verbal agreement doesn't matter the written will does.  If it is the same as the previous document then I think her intentions are pretty clear:  she intended to leave you out of the will.

I think you guys are all wrong. First, she wouldn't have made an appointment to update her Will, only to pay money, so that it would say the same thing.

Also, there is another individual who she spoke to and discussed this provision for me.

There was undue influence inbetween those 6 weeks.

So while Probate Court requires 'clear and convincing evidence', Common Pleas requires only a 'preponderance of evidence'. Two witnesses with the same story, and did I mention...

Forget it.

StenosisJones:

There was undue influence inbetween those 6 weeks.

All right, so your mother told you she was changing her will to include you, and in the end the will didn't give you anything. Her promise to make a gift in the will is unenforceable, as are all promises to make a gift.

You've not said anything that indicates a contract for a will, and absent something in writing, a contract for a will would be quite difficult to enforce in any event.

You've stated that this is a undue influence matter, but have not yet indicated how the friend exercised undue influence. What is it, exactly, that the friend DID?

StenosisJones:

So while Probate Court requires 'clear and convincing evidence', Common Pleas requires only a 'preponderance of evidence'. Two witnesses with the same story, and did I mention...

Tortious interference with expected inheritance, even if PA is state that recognizes it (and I've not researched it) is not an easy case to prove. Courts are not rushing to apply this doctrine. Once again, you need to describe what is it that the friend DID that amounted to tortious interference.

It is not enough to simply allege that the you promised something in the will and that the will come out differently, and thus there must have been undue influence or tortious interference. You are skipping over important elements of those claims, and chief among them is the allegation of exactly what the person DID.

By the way, I'd not assume that a tortious interference with an inheritance case would be in common pleas rather than probate court. That, too, you'd need to research, along with whether PA recognizes the tort andexactly what the PA courts would require you to prove.

But at a minimum, whether it's undue inflluence or tortious interference you want to pursue, you'll need to be able to describe the acts of the friend that gives rise to the claim. What is it that the friend did? If you cannot answer that, you won't win your claim.

The first (I believe) in a series of articles surveying the topic:

http://lawreview.law.pitt.edu/issues/66/66.2/Klein.pdf

Believe what you want--but if mom left you out the rest is history --in fact most of your post supports the reverse--mom left you out of version 1, you were not forgotten, you pled your point, mom made an oral promise perhaps to shut you up, mom went and drew up a new will again leaving you out.

Well, I need actual formal discovery to find more facts. I need to convince the court to compell the executor/attorney to release all of the documents (living wills, POA, previous wills); need all relevant medical records from the local hospital, and attending physician; need telephone records; bank records; computer records. Also, compell the attorney to release all drafts of all recent wills, that indicate changes.

I need formal discovery and depositions.

StenosisJones:

I need to convince the court to compell the executor/attorney to release all of the documents (living wills, POA, previous wills)

Odds on you convincing the court to do this based upon an alleged verbal promise from Mom to put you in the will are slim to none.

StenosisJones:

need all relevant medical records from the local hospital, and attending physician

If Mom was never formally declared incompetent to handle own affairs by the court then these may not even be relevant.  It could also bite you in the behind:  if mom was not competent prior to your extracting the verbal promise of an inheritance then you could be accused of undue influence and/or that any changes you wanted were not valid due to her lack of sound mind to make the change.

StenosisJones:

I need formal discovery and depositions.

You need a lawyer.  Odds on you getting this right on your own are not good at all.  Especially since it doesn't appear you have a legal basis to challenge the will.