Neumann v. Wordock
Florida District Court of Appeal
873 So. 2d 502 (2004)
Facts
Joseph Neumann, Gary Neumann, and Caroleann Knutson (siblings) (plaintiffs) filed a petition alleging that their sister, Joyce Wordock (defendant), had tortiously interfered with their potential inheritance rights to their parents’ estates. The siblings alleged that (1) their parents had repeatedly expressed the intent to divide their assets among their four children in accordance with a specific plan; (2) Wordock unduly influenced the parents into granting her a durable power of attorney over all their affairs and executing wills that granted Wordock the vast majority of the parents’ estates; and (3) Wordock exercised her power of attorney to divert the parents’ assets to herself. By the time both parents had died, their estates had virtually no assets and were never probated. In response to the petition, Wordock filed a motion for summary judgment, arguing that the siblings had an adequate remedy in a probate proceeding and were therefore precluded from bringing a claim for tortious interference with potential inheritance rights. The trial court granted summary judgment, and the siblings appealed.
Rule of Law
Issue
Holding and Reasoning (Canady, J.)
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