Does Texas law recognize a cause of action for tortious interference with inheritance rights? Intermediate appellate courts have disagreed and the issue is teed up before the Texas Supreme Court in a case—soon-to-be two cases—that might interest both trial lawyers and estate planning and probate attorneys.
Most recently, Austin’s Third Court of Appeals decided in Anderson v. Archer that there is no tortious interference with inheritance claim in Texas. The Third Court agreed with the ruling and reasoning of Amarillo’s Seventh Court of Appeals’ 2015 ruling in Jackson Walker v. Kinsel—which is already pending before the high court. But those two rulings conflict with a 1987 First Court of Appeals decision, and other intermediate appellate courts’ rulings that followed it.
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