Probate Lawyer in Southwest Ranches

Southwest Ranches, Florida is a municipality in Broward County. It is situated on the eastern edge of the Everglades fifteen miles southwest of Fort Lauderdale. Southwest Ranches turned into Broward County’s thirtieth integrated place in 2000 to evade occupation into Pembroke Pines and to maintain its semi-pastoral standard of living. Since the region has numerous horse ranches and is situated in the county’s southwestern part, denizens selected “Southwest Ranches” over other possible town names.

At the 2010 census, 7,345 people resided there. The town consists of the 2000 census-designated places of Country Estates, Green Meadow, Rolling Oaks, and Sunshine Ranches, in addition to sub-communities Landmark Ranch Estates and Sterling Ranch Estates, all of which are currently Southwest Ranch communities. To maintain its pastoral-equestrian standard of life, the town has created several equestrian trails.

Can a Person Sue When He or She Does Not Inherit According to a Florida Will?

Unlike a few other states, Florida has court opinions which establish the legitimate right for somebody to take legal action and win a claim that their anticipated inheritance was unlawfully inhibited by the defendant, in spite of the probate documents’ language and the fact that they did not inherit according to the terms of the probated will. The case is established on a claim of “tortious interference with an inheritance”, also referred to as “tortious interference with an expectancy,” or “tortious interference in estate planning”. As clarified in the Restatement (Second) of Torts § 774B, this is a claim where a person by fraud, duress, or other tortious method deliberately stops another individual from obtaining from a third individual an inheritance or gift that he or she would otherwise have obtained is put through liability to the other person for inheritance loss.

An individual can take legal action for damages when something like this occurs in Florida—being familiar with this is especially imperative for individuals who have located here from other states, they might not understand that this type of cause of action is present. This kind of lawsuit is a claim for relief that has been generated by the Florida magistrates: no statute exists, which is written and ratified by the Florida legislature which permits this. It is thus something that several inheritors and recipients in Florida might not be familiar with are present, if they do not have a probate attorney to advise them, or they do not examine Florida inheritance laws themselves.

Tortious Claim Established on Intrusion with Inheritance That Was Anticipated but Not in the Probated Will

This tort is a legal foundation for disputing a Last Will and Testament in Florida and was initially acknowledged as a legal probate litigation claim by the Florida Third Circuit Court of Appeals in the 1966 case, Allen v. Leybourne. In that case, the Florida court assisted a daughter who took legal action to fight for an inheritance she maintained was guaranteed to her by her dead father but did not appear in his probated will, due to the defendant’s criminal acts, the father’s second wife who was the probated will’s exclusive recipient.