In short: In Lang v. Lang (Fla. 2d DCA 2024), a son sued family members for intentional interference with his expected inheritance after IRA beneficiary designations were changed while the owner was allegedly incompetent, before the owner had died. The other side argued no such claim exists before death. The Second District affirmed without opinion on April 12, 2024.
Most inheritance fights start after a funeral. This one started while the account owner was still alive.
The Case
As described at oral argument, the appellant brought a claim for intentional interference with an expected inheritance against family members after the beneficiary designations on an IRA were changed while the owner was allegedly incompetent. The appellees argued Florida doesn’t recognize a pre-death claim for interference with an expectancy. The argument also addressed a denied motion to perpetuate the owner’s testimony. The appeal came from Pinellas County (No. 2D23-855).
The Result
The Second District affirmed without opinion on April 12, 2024. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
The Law on Interference With Inheritance
- Florida recognizes a tort for intentional interference with an expected inheritance, generally requiring an expectancy, intentional interference involving tortious conduct such as fraud or undue influence, a reasonable certainty the inheritance would have been received, and damages.
- Where probate offers an adequate remedy, such as a will contest, that remedy generally must be used first (DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981)).
- IRAs and other beneficiary-designated accounts pass outside probate, so a will contest doesn’t reach them.
When the Owner Is Alive and Incapacitated
If someone may be exploiting an incapacitated adult, the more direct tools are a guardianship, a review of the power of attorney, or an exploitation injunction under § 825.1035, not a lawsuit over an inheritance that hasn’t happened yet.
Lessons
- Changes to beneficiary designations made late in life invite capacity and undue influence challenges after death.
- While the owner is alive, focus on protecting the owner.
Source: Lang v. Lang, No. 2D23-855 (Fla. 2d DCA Apr. 12, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
Who Gets the IRA? Son Sues Over Beneficiary Change on Incompetent Owner | Wang v. Lang
Go Deeper
- Undue Influence Beyond the Will: Deeds, Lifetime Gifts, and Trust Changes in Florida
- When a Family Member Is Taking a Parent’s Money in Florida: Power of Attorney, Guardianship, and Exploitation
Frequently Asked Questions
Can I sue for interference with inheritance before someone dies in Florida?
That was the issue argued in Lang v. Lang. The court affirmed without opinion, so it gave no ruling on the question.
Can an IRA beneficiary change be challenged?
After death, yes, on grounds such as lack of capacity or undue influence.
What can I do if a parent is being exploited now?
Consider guardianship, challenging a misused power of attorney, or an exploitation injunction under § 825.1035.
Does a will contest cover IRAs?
No. IRAs pass by beneficiary designation outside probate.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
