Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, January 27, 2006

Probate Exception to Federal Diversity Jurisdiction

Christian J. Grostic has recently released his paper entitled A Prudential Exercise: Abstention and the Probate Exception to Federal Diversity Jurisdiction on SSRN. The abstract explains:

Despite criticism, the probate exception has endured in the U.S. federal court system for over two hundred years. Looking back, we can now see that the probate exception fits remarkably well within another widely-criticized doctrine developed by the federal courts - abstention doctrine. The two doctrines are built on similar practices and prudential justifications, practices and justifications that extend from eighteenth century England through modern America.

Federal courts should apply the route test to determine the boundaries of the probate exception. The route test best reflects the proper understanding of the probate exception as a category of abstention doctrine, as well as the historical and modern practices and justifications for the probate exception. While applying the route test, courts still have the ability to appropriately limit expansion and contraction of the probate exception without violating the underlying prudential justifications for the exception.


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Law Professor Blogs Network
HELP: I need to find legal assistance. I am Peter Pflaum (BA U of Chicago, EdM, Harvard HGSE, PhD Florida State) a retired professor of public administration in a probate case with my brother Thomas in Gainesville. The information is on http://www.wiredbrain.net/ . Since I am not getting a family allowance and used up my resources I am PRO SE and indigent proceeding in forma pauperis May 2, 2007 (FSC).

I badly need an attorney pro bono or on contingency (50%) which could be hundreds of thousand of dollars in legal fees for picking up the case - HELP I need contingency support to get the case heard - I have the facts, the evidence, the law (below) - I need help with the process and will agree to any reasonable offer! Do you have any ideas or suggestions please write wiredbrain@hotmail.com

Posted by: Peter Pflaum | Oct 27, 2007 10:29:09 AM

Law Professor Blogs Network,
My name is Mellisa McClure, I am need of a lawyer pro bono or on contingency bases. My family is going through the process of the dissolution of my grandparents assets. My mother is a disabled mother of 4 with very limited resources, because of her disabilties. My uncle Danny has HIV, with limit resources, because of his health. The third party my uncle Joe is ready to fight. We have come to find out the funds have mishandled by my uncle's acting as the trustee. At this time we are just looking to divide the assets in a equal manor between all parties. We are deeply concerned that funds will continue to be mishandled to the point that there will not be anything left. This seems unfair that someone who is a CPA can run a trust into the ground without some kind of recourse, ethics maybe lost.

Could someone PLEASE HELP!!!
I thank you for your time, in reviewing this matter.
I look forward to the chance to work with you.

Posted by: Mellisa McClure | Jun 18, 2008 7:43:43 PM

an someone please help, I need help getting a will overturned or mediated and I need a lawyer who can help on a consignment contingency basis or on a pro bono basis, and need help ASAP as I am supposed to have a court conference on jan 15th. I think my sibling has mishandled my Mother's money and estate both when she was alive and now, and I can't get any info where any of her assets have gone, and we are the only 2 siblings and I think I am entitled to some answers, let alone entitled to any info on a trust which was supposed to be set up for me which he claims there is no money left in. He also has stated that it is none of my business where any money has gone.He has two homes and her home is supposed to go to him with less than $1,000 going to me, and I know that this was not my Dad's intention to see me with nothing , I know this as he died first and left everything to Mother to care for her, which I have no problem with but she left the largest part of her estate the home to my sibling. I have a hold on the will and have trying to handle this on my own. I am considering asking that he be removed as executor of her will. I ahve other details, if I can just find some to please help.

Posted by: Lynne | Jan 5, 2010 11:14:25 AM

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