Colaizzi v. Matney
Apr 07, 2008OUTCOME: Judgment for Plaintiff
Plaintiff sued multiple Defendants for intentional interference with a testamentary expectancy. Three Defendants (all related) were found to have intentionally interfered with the Plaintiff’s expect ... ancy to inherit a house. The Defendants were caretakers of the decedent who, in the year before his death, were hired to assist with his daily needs. The decedent was in his late-80s when he died of cancer. Prior to his death, the decedent was diagnosed with dementia and was taking a heavy dosage of narcotics for pain management purposes. Two months prior to his death, one of the Defendants drove the decedent to an attorney’s office, where the decedent changed his will to enable the caretaker-Defendants to inherit a substantial portion of his estate, including his house. The Court heard testimony from the Plaintiff and his sister, the Defendants, the decedent’s doctors and his nurse, as well as the estate lawyer. On the stand, the principal Defendant admitted at one point in time having an agreement with the decedent where she would inherit part of his estate in exchange for working without compensation, although the decedent died with an estate worth nearly $1 million. The Court found that the actions of the Defendants were tortious, and ordered that the Plaintiff recover the value of the house.
