Bill Text: MN HF1283 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Intentional interference with the expectation of inheritance cause of action established.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-05 - Introduction and first reading, referred to Civil Law [HF1283 Detail]
Download: Minnesota-2013-HF1283-Introduced.html
1.2relating to civil actions; establishing a cause of action for intentional interference
1.3with the expectation of inheritance;proposing coding for new law in Minnesota
1.4Statutes, chapter 604.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [604.191] INTENTIONAL INTERFERENCE WITH THE
1.7EXPECTANCY OF INHERITANCE; CIVIL LIABILITY.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given them:
1.10(1) "inheritance" means a devise or bequest that would otherwise have been made
1.11under a testamentary instrument or any property that would have passed to the plaintiff by
1.12intestate succession; and
1.13(2) "gift" means a donation, gratuity, or benefaction that would have been received
1.14from another person.
1.15 Subd. 2. Liability. (a) A person who by fraud, duress, or other tortious means
1.16intentionally prevents another person from receiving an inheritance or gift from a third
1.17person that would otherwise have been received by that person is liable for the person's
1.18loss of the inheritance or gift.
1.19(b) A person injured by a violation of this section may bring an action to recover
1.20actual damages sustained. A prevailing plaintiff in an action under this section may also
1.21be awarded costs, disbursements, and reasonable attorney fees.
1.22(c) This section does not bar other causes of action based in tort or otherwise limit
1.23the remedies available for those actions.
2.1EFFECTIVE DATE.This section is effective the day following final enactment,
2.2and applies to actions arising on or after that date.
1.3with the expectation of inheritance;proposing coding for new law in Minnesota
1.4Statutes, chapter 604.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [604.191] INTENTIONAL INTERFERENCE WITH THE
1.7EXPECTANCY OF INHERITANCE; CIVIL LIABILITY.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given them:
1.10(1) "inheritance" means a devise or bequest that would otherwise have been made
1.11under a testamentary instrument or any property that would have passed to the plaintiff by
1.12intestate succession; and
1.13(2) "gift" means a donation, gratuity, or benefaction that would have been received
1.14from another person.
1.15 Subd. 2. Liability. (a) A person who by fraud, duress, or other tortious means
1.16intentionally prevents another person from receiving an inheritance or gift from a third
1.17person that would otherwise have been received by that person is liable for the person's
1.18loss of the inheritance or gift.
1.19(b) A person injured by a violation of this section may bring an action to recover
1.20actual damages sustained. A prevailing plaintiff in an action under this section may also
1.21be awarded costs, disbursements, and reasonable attorney fees.
1.22(c) This section does not bar other causes of action based in tort or otherwise limit
1.23the remedies available for those actions.
2.1EFFECTIVE DATE.This section is effective the day following final enactment,
2.2and applies to actions arising on or after that date.
