A recent case has been remanded back to Orange County Superior Court that may open the door to a person being able to bring an action for the loss of an “expected” inheritance because of the intentional actions of another person.
The case has to do with an individual who had a prepared will that divided his estate between his same sex partner and his sister. This will was prepared while the individual was in the hospital awaiting surgery. The will was never signed because the sister of the decedent suggested it would be better to “look into a Trust” in order to avoid probate. The sister stated one of her friends would prepare the proposed Trust.
The decedent died shortly after surgery, never having signed any will or trust. The sister filed for probate and never sent the partner any copies of the probate filing and never responded to the partner’s emails about any proposed probate. The court eventually awarded the entire estate to the sister. The partner brought suit stating the sister had interfered with his expected inheritance by lying to him about her intention to prepare a living trust for the decedent to sign before his death and alleged she intentionally delayed the matter until after the surgery in order to inherit the entire estate.
The complaint was rejected based upon the grounds that California did not recognize a cause of action for intentional interference with an expected inheritance. Twenty five (25) states currently recognize this action. Since this case has been remanded back to the Superior Court, California may now have the opportunity to be added to the States that recognize this cause of action. The case to watch is Beckwith v. Dahl, Case No. G044479.
Ms. MacDonald’s practice is limited to Estate Planning, Probate, Conservatorships, Elder Law and Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite B-124 in Valencia. She can be reached at 661-294-6464.