Phoenix: “Robert Jaeger says his brothers and sisters persuaded their mom to revise her will to cut him out. He is seeking more than $1 million in punitive and compensatory damages, far more than English’s home is worth.” His mother, Patricia English of Scottsdale, is very much alive and opposes the suit. (Arizona Republic).
4 Comments
I’d just spend it all leaving nothing to kids. Mom and Dad worked for it, they should spend it not save it for ungrateful kids.
If he wanted to prove to the world why he should be left out of will then this lawsuit should just about do it.
I’d sue Mom. In France.
Bob
Dear Bob:
If you’re trying to be sarcastic, you missed the point by hitting on reality. Louisiana, based on French law, has “forced heirship” — meaning that all children receive a certain portion of the estate. It is very hard to entirely cut off a child’s inheritence (there are a few, narrowly construed fault grounds — like attempting to murder the parent). So, suing “Mom” in Louisiana (or France) might work.
More importantly, this suit shows the danger of allowing courts to legislate by “finding” new tort causes of action. IF Arizonia wants forced heirship, THEN its legislature can enact it. If not, then the courts should hold that as a matter of law the petition fails to state a cause of action. Until Mom is placed under a court-ordered guardianship due to incompetence, she gets to dispose of her property as she sees fit.