In Florida, disinherited children may sue for financial damages through a claim of “tortious interference with an expectancy of inheritance” if they can prove a bad actor wrongfully blocked their expected inheritance. While probate court remedies must typically be exhausted first, direct civil lawsuits are permitted when probate cannot provide adequate relief, such as with assets that bypass the estate process. Given the complexity of disinherited child cases and their strict procedural requirements, consulting with an experienced estate litigation attorney is highly recommended to protect your claim.

Reach out to us at South Florida Law by calling (954) 900-8885 or via our contact form.

Discovering that a parent’s will leaves nothing behind is painful. When that disinheritance was caused by a bad actor’s lies, pressure, or forgery, Florida law offers a path to justice. A disinherited child may be able to sue the wrongdoer directly in civil court for financial damages through a claim known as tortious interference with an expectancy of inheritance.

What Is Tortious Interference With an Inheritance?

Tortious interference with an expectancy is a civil lawsuit filed against a person who used wrongful conduct to block an inheritance that a child otherwise would have received. The wrongful conduct usually takes the form of fraud, duress, forgery, or undue influence directed at the parent. The claim exists to protect the parent’s true wishes, not simply the child’s hopes.

To win, the child must prove four elements. First, the parent had a fixed intention to leave the child a share of the estate. Second, the defendant intentionally interfered with that expectancy through tortious conduct. Third, the interference caused the loss. Fourth, the child suffered financial damages as a result. This type of lawsuit can only be filed after the parent has passed away.

“The claim exists to protect the parent’s true wishes, not simply the child’s hopes.”

Probate Court Usually Comes First

Florida courts require most disinherited heirs to pursue their probate remedies before filing a civil lawsuit. The Florida Supreme Court established this rule in a landmark 1981 decision, holding that when adequate relief is available in probate, such as a will contest, that remedy must be exhausted first.

The probate route is powerful in its own right. Under Florida Statutes Section 732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence. Florida Statutes Section 733.107 then sets the burden of proof in will contests. When a challenger shows that the alleged wrongdoer held a confidential relationship with the parent and was active in procuring the will, a presumption of undue influence arises and the burden of proof shifts to the wrongdoer.

When a Direct Civil Lawsuit Is Allowed

A direct civil action becomes available when probate cannot provide adequate relief. Common examples include fraud that was not discovered until after the estate closed, a child who was never properly notified of the parent’s death, and assets that never passed through probate at all.

Consider a caregiver who isolates a dying father and convinces him to retitle his bank accounts with payable on death designations naming only the caregiver. Those accounts never enter probate, so a will contest cannot reach them. A civil lawsuit against the caregiver may be the only way to recover their value. Florida courts recognize that an expectancy can include joint accounts, beneficiary designations, trusts, and other assets that pass outside a will.

What Damages Can a Disinherited Child Recover?

A successful claim results in a money judgment entered against the bad actor personally, which can be collected from that person’s own assets. Compensatory damages cover the value of the lost inheritance. Courts may also award punitive damages when the conduct was especially outrageous, and they may impose a constructive trust over property obtained by fraud. Civil court offers additional advantages, including the right to a jury trial and the ability to involve fewer parties, factors that often increase the settlement value of a strong case.

Why Legal Guidance Matters

These cases are among the most complex in Florida estate litigation. Filing in the wrong court, missing a deadline, or skipping a required probate step can destroy an otherwise valid claim. Evidence such as medical records, banking activity, and the timing of estate plan changes must be gathered quickly. It is highly recommended that any disinherited child consult an experienced Florida attorney before taking action rather than attempting to navigate probate and civil litigation alone.

South Florida Law

South Florida Law brings boutique attention and deep Florida experience to inheritance disputes. The firm’s combined background in estate planning, probate, and civil litigation allows it to evaluate a disinherited child’s claim from every angle and pursue the remedy most likely to succeed. If you suspect that a bad actor interfered with your expected inheritance, call us at (954) 900-8885 or reach out through our contact form to schedule a consultation.