Most adults will remember the bankruptcy case (federal court) of Vickie Marshall aka Anna Nicole Smith versus her husband's son, J. Pierce Marhsall, for tortious interference with her husband, J. Howard Marshall's inter vivos gifts to Anna/Vickie. In May of 1994, Maria Antonia Cerrato, 23 at the time and Smith's housekeeper/nanny, sued her for $2 million, charging sexual assault and sexual harassment. After losing a default judgment against her, Anna Nichole filed for bankruptcy. Under the tortious interference theory, the federal bankruptcy court in California awarded her $44,292,767.33 in compensatory damages and another $44,292,767.33 in punitive damages plus litigation costs. Pierce appealed this decision, which has subsequently been overturned by the 9th U.S. Circuit Court of Appeals.
On the other hand, on June 10, 2010, the California Court of Appeal, Fourth Appellate District, in San Diego rendered an opinion in Munn v. Briggs. The Appellate Court carefully analyzed the Tortious Interference with Inheritance Expectancy throughout the United States and decided to decline to recognize that tort in California state courts. Nonetheless, the Appellate Court found that the appellant's remedy in probate court was adequate. "[T]ortious conduct relating to wills, such as the use of undue influence, threats, or coercion to procure a particular disposition, or destruction of a will, has long been recognized as a legal wrong, but only against the testator [person who signed will] whose right of free testation is infringed upon, not the beneficiary. A purported injury to an intended recipient is not recognizable (because there is no right to inherit); instead, the probate system through the will contest proceeding aims to offer all interested parties a forum in which to litigate the testator's true intentions."
Frazee/Laron recently successfuly settled a case between a brother and sister in which the brother contested the disposition of their mother's estate. Frazee/Laron is a litigation law firm in Pasadena, California, and they handle probate litigation.
--RoseAnn Frazee
