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