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Copelan v. Copelan

No basis for recovery exists under Georgia law for tortious interference with an expected inheritance.

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Prior to their mother’s death, Thomas and John Copelan the “plaintiffs” filed a complaint against their siblings, Uyvonna and Willie David Copelan, as well as against Evelyn Brack, to whom the mother had given a power of attorney the “defendants”. The suit alleged that the defendants caused the mother to execute deeds to substantial property to Uyvonna and Willie David Copelan. Part of the relief sought was the nullification of the deeds and the restoration of the properties in the mother’s name. The plaintiffs also alleged that they expected to share equally with respect to any inheritance from the mother’s estate and that the defendants had tortiously interfered with that expectancy. Subsequently, a guardian of the mother’s property sought to intervene as a party plaintiff. The defendants filed a motion for summary judgment. The trial court granted the motion with respect to the plaintiffs’ claims, including their claim for tortious interference with an expectation of inheritance. The plaintiffs appeal this ruling in Case Number A03A1208. The trial court denied the motion for summary judgment as to the claims asserted by the guardian of the mother’s property. The defendants appeal this ruling in Case Number A03A1209. For reasons that follow, we affirm the ruling as to the plaintiffs’ claims, but reverse the ruling as to any claims allegedly brought by the guardian.

A03A1208

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