Adrian P. Thomas and Daniel A. McGowan successfully obtained a multimillion-dollar verdict in a contentious family dispute involving allegations of undue influence and fraud. After years of litigation and a trial, the jury ruled that the son of an elderly man with diminished capacity used his influence to disinherit his siblings. The week-long trial in Broward County Florida ended in a finding by the jury that the defendant had committed an intentional tort against his father when he unduly influenced his father into signing a stock certificate that transferred virtually all of the father's property to the defendant and to the exclusion of the other family members. Because the stock shares were not in the probate estate to be distributed under the father's Last Will when the father died, the disinherited children sued the defendant for money damages based on intentional interference with an expected inheritance. The medical evidence at trial demonstrated that the father was suffering from a myriad of medical problems including memory issues, anxiety and confusion. The jury found that the defendant acted intentionally in his efforts to unduly influence his father into signing the transfer. Because the evidence at trial demonstrated the defendant's over involvement in the transfer, the jury rejected defendant's argument that the father acted freely and voluntarily.
Tortious interference with an expected inheritance is permitted where there is no adequate probate remedy. Because the shares of stock were transferred during the father's life, they were not available for distribution under this Last Will when he died and the siblings were permitted to sue their defendant brother for money damages.