Claim for Intentional Interference With the Expectancy of Inheritance Does Not Require Present Property Interest

Brown v. Ralston, 7th Dist. Case No. 14 BE 0051, 2016-Ohio-4916. The appellate court held that the trial court did not err in failing to apply R.C. § 5302.23 (designation of transfer on death beneficiary in real property) to preclude the daughter's claim for intentional interference with an expectancy of inheritance ("IIEI"). An IIEI claim does not need to rise to the level of a vested real property interest in order to be a protected, legitimate expectancy. From the name of the claim itself, the inheritance does not need to be a present interest but only an expectancy interest.