ALTENBERND, Judge.
Richard and Eva Whalen appeal an order dismissing with prejudice their complaint against Duane and Garnett Prosser. The controlling issue in this case is whether an action for intentional interference with an expectancy of inheritance may be filed by a nonfamily member prior to the death of the testator under circumstances that do not suggest that a remedy subsequent to death will be unavailable or inadequate. In Carlton v. Carlton,
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