Tort Law
Legal Fight Over Ariz. Woman’s Will Precedes Her Death
Posted Jan 22, 2009, 01:38 pm CST
By Debra Cassens Weiss
A lawsuit filed by an Arizona man who was cut out of his mother’s will seeks to unearth new legal ground even before his mother is dead and buried.
The suit by Robert Jaeger seeks $1 million in punitive and compensatory damages from four of his brothers and sisters, the Arizona Republic reports. It is based on the tort of interfering with an expected inheritance—a cause of action not expressly permitted by Arizona’s probate code, the story says.
A few states allow suits for interference with an inheritance, but only Maine and Florida allow such claims while the person who made out the will is still alive, the story says.
Jaeger maintains his mother, Patricia English, promised him her home because he helped take care of her for seven years. But English contends Jaeger spent her money while unemployed and that he became more demanding over time.
English told the Arizona Republic that the suit is “ridiculous and unnecessary and inexcusable.” She has about $130,000 equity in her home, and it is her only asset.
“I'm not dead yet, and I don't plan on croaking soon,” she said.
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