Wins

Relying on Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, plaintiffs sued their uncle, GMSR’s client, in civil court for intentionally interfering with their expectation of inheritance.  They claimed their uncle intentionally exerted undue influence over his parents and interfered with his mother’s desires to leave part of the family estate to plaintiffs. The trial court concluded plaintiffs’ exclusive remedy was in probate court.  The Court of Appeal affirmed.  It held that Beckwith permits a civil claim only where a party lacks an adequate remedy in probate court, and here plaintiffs had had standing to pursue their claims in a probate proceeding involving the family estate but failed to file a claim.

• California Court of Appeal Opinion – View Document