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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What must be met for a "tortious interference with an

Customer Question

What must be met for a "tortious interference with an inheritance" claim or what other claims could I possibly have... I got a rather an usual situation. The trustees of my grandfathers trust set up another trust and transferred all of my mother's assets to it the day after my father died. They thought my mom was going to be suicidal and they didn't want her children do inherit everything out right so they set up this trust to get her assets away from her estate. my mother survived, that was sometime ago but the trustees will not let her dispose of her trust. I know that legally she can but realistically she can't. The trustees have been telling me not to sue them for it ever since, about a year ago they found out that I was pretty upset with them and that I was probably going to file a lawsuit Someday, and in response they tried to have a declared legally incompetent. I discovered the existence of about a dozen false police reports and almost 35 pages from the local mental Health department that outline a two year long effort. the first report says they didn't have enough evidence to do it and the rest of them were to serve as just that, the evidence they need to have me declared incompetent. Every report is full of lies and falsehoods claiming that I was either suicidal or dangerous or a threat to others. They even went so far to try to have a declared committed to a mental institution, it's a long story but I have a number of charges right now including false imprisonment, defamation, intentional infliction of emotional distress, conspiracy and More. The problem is I have to show what this was all about and the truth is is that was all to try to prevent me from suing them for estate fraud. But I don't have a claim to my parents estate yet because my mother is still alive. so it doesn't make a lot of sense. But still, there's got to be something that I can do, if the trustees didn't think that I would be able to seek legal action right now while she is still alive then they wouldn't have started all of this. So if I can't have take action because I don't have a right to challenge my mother's trust yet can I still go after him for tortious interference? But even then, I don't have an inheritance right yet, or do I?
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, while you have claims against them for the false reports they made against you, for slander/libel, legally you have no rights to any inheritance until the grantor dies and you are a beneficiary. If they altered the trust to eliminate you as a beneficiary without your mother's consent, then your mother is the one who has the legal cause of action against the trustees for their improper actions possibly, which would require you to have an attorney to represent her. Furthermore, if the trust has a clause in it that states the trust cannot be challenged, then in order to overcome that anti-challenge clause, you have to prove the transfer from your father's trust was fraudulent in order to invalidate the whole second trust.
Customer: replied 10 months ago.
It wasn't actually a transfer from a trust, my parents will simply called for equal division between my sister and I, they just flat out invalidated their will and formed a brand new trust then took everything. The trust is in my mothers name but they are the active trustees and they won't let her change anything. Let me ask you this... can I use the evidence of what they are doing right now as evidence in the trial I have for my mothers trust someday when she's gone? It could be ten years from now but I can prove that their actions were a result of me threatening to sue them for it. Are there any rules in place about how "old" evidence can be?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

You have to still attack that first transfer as invalid, since that would be the only challenge you have in this matter.

An attorney representing your mother could challenge the trustee's current conduct as improper and as such a breach of fiduciary duty to get those trustees removed from the trust and have new trustee appointed.

You cannot challenge your right to your mom's trust right now, she is still alive, so you have to attack the transfer and conduct of the trustees by having an attorney represent your mom on that part of the action.
Customer: replied 10 months ago.
I know but she won't do it, she's scared to death of these guys.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

Sadly, you cannot force her to do it, but the legal right to act is her right, not your right. So your only right is suing them for the defamation and slander against you, but not about the trust.

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