Stern v. Marshall, 471 S.W.3d 498 (Tex. App.—Houston [1st Dist.] 2015, no pet.).

Wills

Tortious Interference With Inheritance Rights

 

Note: This case is another in the series of Anna Nicole Smith decisions. This case provides an excellent summary of all the litigation regarding J. Howard Marshall’s estate.

 

The appellate court held that a claim for tortious interference with inheritance rights is not a compulsory counterclaim to a petition for the probate of the testator’s will. A tortious interference claim is not against the testator’s estate. If the claim is successful, no estate funds would be used to pay the judgment. Instead, the judgment would be against the person who tortiously interfered.

 

Moral:  A claim for tortious interference with inheritance rights is not a compulsory counterclaim to the probate of the “interfering” will.

 



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