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Keywords

tortdamagesappealtrialprobatewill
tortdamagesappealtrialmotionprobatewillmotion to dismiss

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Schilling v. Herrera, 952 So.2d 1231, 32 Fla. L. Weekly D882

Facts

Edward A. Schilling, the decedent's brother, brought an action against Maria Herrera, the decedent's caretaker, for intentional interference with an expectancy of inheritance. The decedent had executed a will naming Schilling as her sole beneficiary, but while under Herrera's care, she was persuaded to execute a new will that named Herrera as the sole beneficiary. Schilling alleged that Herrera's actions prevented him from contesting the will and inheriting the estate, as he was not informed of the decedent's death until after probate proceedings had concluded.

Mr. Schilling, the decedent's brother, sued Ms. Herrera, the decedent's caretaker, for intentional interference with an expectancy of inheritance. Ms. Herrera moved to dismiss the complaint, arguing that Mr. Schilling failed to state a cause of action and that he was barred from filing his claim because he failed to exhaust his probate remedies. The trial court granted the motion to dismiss without prejudice.

Issue

Did the trial court err in dismissing Schilling's complaint for intentional interference with an expectancy of inheritance on the grounds that it failed to state a cause of action and that Schilling was barred from filing due to failure to exhaust probate remedies?

Did the trial court err in dismissing Schilling's complaint for intentional interference with an expectancy of inheritance on the grounds that it failed to state a cause of action and that Schilling was barred from filing due to failure to exhaust probate remedies?

Rule

To state a cause of action for intentional interference with an expectancy of inheritance, the complaint must allege: (1) the existence of an expectancy; (2) intentional interference with the expectancy through tortious conduct; (3) causation; and (4) damages.

To state a cause of action for intentional interference with an expectancy of inheritance, the complaint must allege the following elements: (1) the existence of an expectancy; (2) intentional interference with the expectancy through tortious conduct; (3) causation; and (4) damages.

Analysis

The court found that Schilling's amended complaint adequately alleged the necessary elements for a claim of intentional interference with an expectancy of inheritance. It noted that the trial court's dismissal was based on a misunderstanding of the legal duty owed by Herrera to Schilling, as the tort does not require a breach of a legal duty but rather focuses on the interference with the testator's rights. The court also distinguished Schilling's case from prior rulings, emphasizing that the alleged fraud by Herrera prevented Schilling from contesting the will in probate court.

The court found that Schilling's amended complaint adequately alleged the necessary elements for a claim of intentional interference with an expectancy of inheritance. It noted that the trial court's dismissal was based on a misunderstanding of the legal duty owed by Herrera to Schilling, as the tort does not require a breach of a legal duty but rather focuses on the interference with the testator's rights. The court also distinguished Schilling's case from prior rulings, emphasizing that the alleged fraud by Herrera prevented Schilling from contesting the will in probate court.

Conclusion

The District Court of Appeal reversed the trial court's dismissal of Schilling's amended complaint and remanded the case for further proceedings.

The District Court of Appeal reversed the trial court's dismissal of Schilling's amended complaint and remanded the case for further proceedings.

Who won?

Edward A. Schilling prevailed in the appeal because the court found that his complaint sufficiently stated a claim for intentional interference with an expectancy of inheritance and was not barred by his failure to exhaust probate remedies.

Edward A. Schilling prevailed in the appeal because the court found that his complaint sufficiently stated a claim for intentional interference with an expectancy of inheritance and was not barred by his failure to exhaust probate remedies.

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