News & Analysis as of

Subject Matter Jurisdiction › Probate

Farrell Fritz, P.C.

The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

Farrell Fritz, P.C. on

For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction.  Two recent Southern District cases examine...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - August 2023

Goulston & Storrs PC on

Subject Matter Matters in Land Court - DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) - Does the Massachusetts Land Court have subject matter jurisdiction over claims...more

Downey Brand LLP

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court

Downey Brand LLP on

Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – September 2020

Goulston & Storrs PC on

Lose a Diamond Ring – Pay the Estate - Matter of Steinman, 2020 WL 2170757 (2nd Dep’t May 6, 2020) - A Floridian borrowed an expensive diamond ring from a New Yorker, while in New York State, and subsequently lost the...more

Winstead PC

Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition

Winstead PC on

In In the Estate of Nicholas, the temporary administrator of an estate and the decedent’s mother filed a Texas Rule of Civil Procedure 202 petition concerning a shootout at a residence by the City of Houston Police...more

Winstead PC

Texas Probate Court Did Not Have Subject Matter Jurisdiction Over A Title Dispute To Real Property In Louisiana

Winstead PC on

In Fox v. Fox, a father deeded real property in Louisiana to one of his sons. No. 14-18-00672-CV, 2020 Tex. App. LEXIS 2211 (Tex. App.—Houston [14th Dist.] March 17, 2020, no pet. history)....more

Farrell Fritz, P.C.

Where to Domicile or Where Not to Domicile. That is the Question.

Farrell Fritz, P.C. on

In a recent decision in the Estate of Grunwald (NYLJ Jan. 28 2019, at 33 [Sur Ct, Richmond County]), Surrogate Titone aptly noted that “the concept of domicile is … very important in the Surrogate’s Court.”...more

Winstead PC

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

Winstead PC on

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex....more

Maynard Nexsen

SC Court of Appeals Confirms Probate Court’s Limited Partition Jurisdiction - Real property devolves according to the state law...

Maynard Nexsen on

In Byrd v. McDonald, op. No. 5409 (S.C.Ct.App. filed June 8, 2016) (Shearouse Adv.Sh. No. 23 at 66) the S.C. Court of Appeals decided the appeal of a probate court action to determine heirs and partition real property. The...more

Winstead PC

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

Winstead PC on

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide