Tortious Interference With An Inheritance Is Not A Cause Of Action

• Tuesday, May 5, 2015
• Category: Wills, Trusts and Estate Litigation

The case of McDonald v. Copperthwaite, III, U.S. Dist. Ct., 38-7-6091was an estate administration and estate litigation dispute among three siblings regarding the proceeds of their mother’s estate. Plaintiff alleged a cause of action for tortious interference with inheritance based on her brother’s having allegedly removed or wasted over $400,000 while the mother was incapacitated and under his guardianship, his son’s acceptance of $79,000 in fraudulent payments, and her sister’s alleged assistance in hiding the money defalcated and fraudulently obtained from the estate. Defendants moved to dismiss pursuant to Rule 12(b)(6). The court found that no New Jersey court had clearly recognized a cause of action for tortious interference with inheritance; that plaintiff had adequate remedies in probate court. It therefore dismissed plaintiff’s claim against all defendants.

Reference: Case & Analysis, New Jersey Law Journal, 219 N.J.L.J. 904 (March 16, 2015)

Filed Under: Estate Litigation; Estate Administration

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