Monday, September 30, 2013
During the probate process of a trust, it is common for beneficiaries to be in more than one jurisdiction. Sometimes that means that the fiduciary of the estate is in a separate state than the beneficiary. In this recent case, the personal representative was from Texas but was handling a Florida estate. Following a dispute, two of the beneficiaries sued the personal representative. One of the beneficiaries was from Florida and the other was a citizen of Colorado. The beneficiaries moved to have the case moved to federal court on the basis of diversity jurisdiction.
In Levya v. Daniels, 2013 WL 5313600 (11th Cir. 2013), the court held that because the personal representative was sued in his capacity as a fiduciary he was a Florida citizen for legal issues arising out of the Florida estate he was managing. As a result, the case was dismissed for lack of diversity jurisdiction.
See Jenna G. Rubin, Levya v. Daniels , Rubin on Probate, Sep. 26, 2013.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.