Legal Question in Civil Litigation in Ohio

intentional infliction of emotional stress

my sister went behind the rest of the family's back and had my widowed mother prepare a trust that left the entire estate to her. it is our belief that she had a great deal of influence over our mother being that she lived with her her entire life. it is well known that she held the fact that if she were to move out my mother would be forced into an assisted living facility. the trust was prepared correctly and would be nearly impossible to have overturned. my mother recently passed away. we have a disabled brother that really needed some financial help being that he is getting older himself he will see none. the whole situation has caused myself a great deal of stress on many levels and will continue to do so the rest of my life. i would like to know if i have any legal recourse of any kind. this weighs heavily on my mind everyday. i would like to sue my sister for intentional infliction of emotional stress.


Asked on 10/19/03, 11:06 pm

2 Answers from Attorneys
Robert Guehl Guehl Law Offices

Re: intentional infliction of emotional stress

You have described a situation that may fall within the theory of law in Ohio called "interference with the expectancy of an inheritance." The Ohio Supreme Court recognized the basis for such a lawsuit about ten years ago, but not much litigation has arisen from it. I recently wrote an article on the issue for Ohio Trial, the publication for the Ohio Academy of Trial Lawyers (to be published in next edition.) You need to find an attorney who is familiar with the legal theory. It is a difficult case, and very much fact-oriented.

Good luck!

Robert L. Guehl

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Answered on 10/20/03, 9:44 am
Steven Martinek Steven Martinek Lawyer Ltd.

Re: intentional infliction of emotional stress

i ADVISE YOU TO HONOR YOUR MOTHER'S EXPRESS WISHES AND ACTIONS. YOU SHOULD PREPARE A PROPOSED BUDGET OF THE NEEDS FOR YOUR DISABLED BROTHER AND ASK ALL OF YOUR SIBLINGS TO CONTRIBUTE A FAIR SHARE, PERHAPS THE SISTER WHO BENEFITTED FROM YOUR MOM'S TRUST WILL CHOOSE TO CONTRIBUTE A LARGER SHARE.

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Answered on 10/20/03, 1:31 pm


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