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Opinion on tortious interference?

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refractoryman

Junior Member
What is the name of your state? Ohio
If all can be proven what are our chances of winning? Any experience with this type of suit and out come?

Plaintiffs, (1), (2), (3), (4), (5), and (6)(“Plaintiffs”), hereby state the following as their Complaint against Defendant, (A):
FIRST CAUSE OF ACTION
1. Each of the Plaintiffs is a relative of (B), deceased, and a named beneficiary in (B's) Last Will and Testament (B's Will”), a copy of which is attached hereto as Exhibit A.
2. Defendant, A(“A”), is B's niece and named executrix in B's Will.
3. During his lifetime, A, through tortious conduct, including fraud, duress, misrepresentations, deceit and/or undue influence, caused B to transfer his assets to A, including the transfer of B funds into several joint bank accounts with a right of survivorship held in the names of B and A (“Joint and Survivorship Accounts”).
4. During his lifetime, A, through tortious conduct, including fraud, duress, misrepresentations, deceit and/or undue influence, caused B to execute a Transfer on Death Deed whereby "A" was to receive title to certain real property (“Real Property”) upon B’s death.
5. Upon information and belief, A was B’s Power of Attorney. She had a fiduciary relationship with B.
6. B died on 00 00, 0000, and his Will was admitted to probate in ? County on 00 00, 0000, Case No. 00 00 000000.
7. Upon B’s death, A became the sole owner of the vast majority of his personal assets.
8. Plaintiffs expected to inherit from B’s Estate, which expected inheritance included, but was not limited to, the funds that B had transferred into the Joint and Survivorship Accounts and the Real Property subject to the Transfer on Death Deed.
9. But for A’s tortious interference, Plaintiffs would have received the funds that B had transferred into the Joint and Survivorship Accounts and the Real Property subject to the Transfer on Death Deed.
10. As a result of A’s tortious and intentional interference with Plaintiffs’ expectancy of inheritance, Plaintiffs have been damaged in amount to be determined at trial.
WHEREFORE, Plaintiff demands judgment on its Complaint as follows:
A. Compensatory damages in an amount to be proven at trial but which are expected to be in excess of $500,000.00;
B. Punitive damages in an amount to be proven at trial but which are expected to be in excess of $500,000; and
C. Attorney fees, court costs and any other relief this Court deems just.

Respectfully submitted,

Attorney
 



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