Tuesday, September 27, 2005

SCOTUS to Clarify the Limits of the Probate Exception to Federal Court Jurisdiction

BNA's Supreme Court Today reports that the U.S. Supreme Court has just granted review in Marshall v. Marshall, No. 04-1544, a case that will give the Court the opportunity to comment on the contours of the probate exception to federal court jurisdiction. Here are the questions presented as reported by BNA:

"Question(s) Presented: (1) What is scope of probate exception to federal jurisdiction? (2) Did Congress intend probate exception to apply when federal court is not asked to probate will, administer estate, or otherwise assume control of property in custody of state probate court? (3) Did Congress intend probate exception to apply to cases arising under Constitution, laws, or treaties of United States, including Bankruptcy Code, or is it limited to cases in which jurisdiction is based on diversity of citizenship? (4) Did Congress intend probate exception to apply to cases arising out of trusts, or is it limited to cases involving wills?"

Note that the widow in this case is the on-air personality known as Anna Nicole Smith.

73 U.S.L.W. 3694

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