We are pleased to share that our article entitled “Why Some States Recognize Tortious Interference With Inheritance” appears in the September/October 2026 issue of Colorado Lawyer, the official publication of the Colorado Bar Association. [Link to article.]
What Is “Tortious Interference With Inheritance”?
Imagine a caregiver who isolates an elderly widow from her children, feeds her lies about them, and pressures her into signing a new will – or destroys the old one. Or a relative who quietly changes the beneficiary designation on an account that was supposed to pass to someone else. In roughly twenty states, the person harmed by that kind of misconduct can sue the wrongdoer directly for money damages. That lawsuit is called tortious interference with inheritance. It is a civil claim against someone who, through fraud, undue influence, duress, forgery, or similar wrongdoing, intentionally prevents another person from receiving an inheritance or gift they otherwise would have received.
Where Colorado Stands
Here is the surprising part: Colorado’s appellate courts have never decided whether this claim exists in our state. Federal courts applying Colorado law have long assumed it does, and the leading Colorado treatise describes the tort as well-established. But no published Colorado appellate decision has squarely adopted or rejected it. Our article surveys how all fifty states have handled the question, examines the tricky statute-of-limitations issues these cases raise, and discusses the policy considerations for adopting the claim in Colorado, along with a framework courts could apply.
Why It Matters
Most inheritance disputes in Colorado are resolved through the probate system: will and trust contests based on undue influence, lack of capacity, or fraud. Those tools work well in most cases, and they are the backbone of our litigation practice. But the probate system has gaps. Some wronged individuals (an unmarried partner, a close friend, a stepchild never formally adopted) may lack standing to contest a will at all. Wealth increasingly passes outside of probate entirely, through beneficiary designations, joint accounts, and lifetime transfers that will contests cannot always reach. And probate courts generally cannot award punitive damages against a wrongdoer, no matter how egregious the conduct is.
Whether and how Colorado fills those gaps is the question our article takes up. In the meantime, families facing these situations are not without options: depending on the facts, claims for undue influence, breach of fiduciary duty, civil theft, and constructive trust can reach much of the same misconduct. We have also asserted claims for intentional interference with inheritance, even though Colorado appellate courts have not expressly adopted this claim. The right strategy depends on the assets involved, the deadlines that apply, and who has standing to act, which is why early advice matters.
Talk to Us
If you believe someone wrongfully interfered with an inheritance you were meant to receive – or if you are defending against such an accusation – we handle these disputes every day in probate courts across Colorado. Call Mahoney Law, LLC at 720-502-9856 to schedule a consultation.