Tweet With the Fourth Appellate District’s opinion, California has become the 26th state to adopt the tort of Intentional Interference with Expectation of Inheritance (IIEI) of the states that have considered this particular tort. In doing so, the appellate court gave careful consideration to the effect of such a decision, and in doing created a [...]
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There’s a New Tort in Town: CA Appellate Court adopts Intentional Interference with Expectation of Inheritance
May 18th, 2012 
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Posted in Elder Law, Estate Probate, Gary R Lieberman, Josh Eisenberg, Law Offices of Gary R Lieberman LLP, Trusts 
Tags: Advance Health Care Directive, amend his complaint, appellate court, appellate court remanded with instructions, area of the law, attorney, attorney in fact, avoid the probate process, basic will in California, Beckwith v. Dahl Fourth District Div. Three 2012 S.O.S. 2154, Beckwith vs Dahl, bequest, bequest or devise, California, California the 26th state to adopt the tort of Intentional Interference with Expectation of Inheritance, California’s registered domestic partnership regulations, cause of action for individuals who have no standing in probate court, cohabitating, committed partners, cost benefit analysis, costly and time consuming court proceeding known as probate, death of the testator, died with more than $100k in assets, distribution of the estate, documents for same sex couples, drafted a will, eligible plaintiff, engaged in a business together, equal shares, estate, estate assets, estate assets exceeding $150k, estate planning needs, estate will be distributed according to your express wishes, estranged relationship, expectancy of an inheritance, expectation of inheritance, financial and healthcare decisions, Follow Josh Eisenberg On Linked In, Follow the Law Offices of Gary R. Lieberman On Face Book, Follow the Law Offices of Gary R. Lieberman On Twitter, Fourth Appellate District Court for California, Fourth Appellate District's opinion, fraud, funded with estate assets, granting leave for Beckwith to amend his complaint, health had diminished, heir, heir of the estate, IIED action, IIEI, IIEI tort in California, importance of documents, In regards to the Estate of MacGinnis, inheriting, Intentional Interference with Expectation of Inheritance, Inter-Vivos Trust, interested party, interested party or heir of the estate, interferenc, intestate distribution, Law Offices of Gary R Lieberman LLP, lease an apartment together, Living Trust, long term committed relationship, May 3 2012, Mr. MacGinnis sister Ms. Dahl, never too early to plan for the unexpected, new tort cause of action, not entitled to information about his partner's surgery, opened probate, passed away, plaintiff, plaintiff must allege five distinct elements, plaintiff must plead causation, plaintiff must plead damages, plaintiff must plead intent, plaintiff must plead interference was conducted by independently tortious means, plaintiff must show interference with the testator’s true intent, plaintiff must show that the independently tortious conduct was directed at the testator, plan for the unexpected, plead a claim for false promise, Probate, probate code, prohibited from exercising discretion, proper planning, published opinion, remedy, Revocable Living Trust, rising number of unmarried committed and cohabitating couples, same sex couples, same sex estate planning, same sex estate planning information, same sex relationship, see who the Law Offices of Gary R. Lieberman are following, split in equal shares, standing in probate court, state distribution, testator, testator’s true intent, the IIEI tort does not conflict with the protective provisions of the probate code, tort, tort cause of action, tort of Intentional Interference with Expectation of Inheritance, unmarried couples in committed relationships, unmarried partners will be excluded, unmarried relationships, ventilator, will 
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