Wednesday, May 03, 2006

SCOTUS issues opinion on probate exception to federal jurisdiction

In Marshall v. Marshall, the Supreme Court reversed the Ninth Circuit, holding that the Circuit Court read the probate exception too broadly so that it excluded from the federal courts' adjudicatory authority not only direct challenges to a will or trust, but also questions which would ordinarily be decided by a probate court in determining the validity of the decedent's estate planning instrument.

For those of you interested in popular culture, this is the Anna Nicole Smith case.

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