What Is Tortious Interference With Inheritance Expectation?

In recent years, It has become somewhat more common to see claims for tortious interference with inheritance expectation (TIIE) in Florida courts. In many U.S. states, this is not a valid cause of action, but as of 2025 it is valid in Florida. A claim for TIIE alleges that the plaintiff would have received a bequest from a deceased person if not for the actions of the defendant. These claims can only be brought after probate, but it may be possible to stop some of them from manifesting in the first place.

Difficult To Prove – But Valid

TIIE is a claim that is difficult to prove, but it is considered a legitimate cause of action in Florida. If a person is promised a certain amount of money in a loved one’s will, and then fails to receive that money after probate, they may have detrimentally relied on what they saw as a promise – and the legal concept of detrimental reliance can sometimes, though not always, be grounds to compel the promise to be fulfilled.

Of course, one must be able to show evidence as to their loved one’s intent, and this is quite difficult to do. This is similar to when a person wants to argue that a testator was unduly influenced in creating their will – too often, it winds up being a ‘he said, she said’ issue, with no real documentary evidence able to be produced. Given that these types of claims cannot be brought until after a testator is deceased, one cannot simply ask them their ultimate intention!

Transfer Your Assets In Other Ways

In order to minimize the possibility of these types of claims, one common strategy has been to transfer assets in ways that do not require probate. The best for many is to create a living trust. Trusts are legal entities into which a person can deposit assets, to be held in the name of the trust rather than the person creating it. A person may create a trust long before they have any expectation of passing, and transfer assets into it at any time.

Once that person has passed away, however, the assets in the trust come into the possession of whomever is named as trustee. They do not need to go through probate, since they have already been transferred – and in many situations, beneficiaries have already been informed of where an asset is going to wind up. The testator’s intentions are clear – thus, a beneficiary cannot claim that they reasonably relied on any kind of promise of an asset going anywhere else.

Call A Hollywood, FL Probate Attorney

While a trust or other estate document can help to avoid the probate process and TIIE claims, sometimes probate may be necessary. If you have questions or concerns about a claim for tortious interference with inheritance expectation, contacting a Hollywood, FL probate attorney at the Law Offices of Steven A. Mason, P.A. may be able to ensure they are managed. Contact our office today at (954) 963-5900 to speak to an attorney.

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