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Exception to Federal Jurisdiction Is Narrowed

By Gerry W. Beyer

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Districtcourts have been narrowing the exception to have federal court jurisdiction. Theexception prevents federal courts from intruding with the administration of anestate. The seminal case addressing the probate exception is Marshall v. Marshall, 547 U.S. 293(2006). The court ruled that the exception does not prevent tort claimsregarding inheritance, because it does not involve estate administration.Recently, a district court in Florida narrowed the scope of the Marshall case. In Freeman v. United States Bank, N.A., 2013 U.S. Dist. LEXIS69680 (M.D. Florida 2013). The court held the probate exception does not apply whenthe action does not contest the validity of the proceeding, trust, or the will. 

See Anya Van Veen, Shrinking Probate Exception To Federal Court Jurisdiction, Clark Skatoff, May 28, 2013.

Special thanks to Jeffrey Skatoff (Attorney for Clark Skatoff, PA) and Anya Van Veen (Attorney for Clark Skatoff, PA) for bringing this article to my attention.

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