Schilling v. Herrera

Maria Herrera (defendant) cared for the ailing Mignonne Schilling and induced her to execute a new will and power of attorney giving Herrera her entire estate and full financial control, displacing Mignonne's brother Edward Schilling (Edward) (plaintiff), who had previously been her sole heir and decision-maker. After Mignonne died, Herrera probated the new will but did not tell Edward his sister had died until after the creditor period expired and she had already petitioned for discharge of probate, despite Edward's repeated attempts to reach his sister through Herrera; Edward sued Herrera for intentional interference with his expectancy of inheritance, and the trial court dismissed, finding Herrera had no duty to notify Edward and that he had failed to exhaust probate remedies.