Estate Litigation Rages On

February 27, 2007

At the U.S. Supreme Court last year, Brunstad argued that the "probate exception" should prevent a federal district court in California from exercising jurisdiction over J. Howard Marshall's estate plan. The California district court contradicted the results of a 5 1/2-month probate court jury trial in Texas, which gave Smith nothing.

Brunstad argued that, just as federal courts leave family law matters to the states, under the "probate exception," federal courts should defer to state courts on estate matters.

The Supreme Court focused on the fact that Vickie Lynn Marshall -- Smith's legal name -- sued in tort: "intentionally interfering with her expectancy of a gift" from J. Howard, a onetime Yale law professor and dean.

The Supreme Court concluded that because the case was a tort matter and not a probate case, the probate exception didn't apply and didn't deprive the 9th U.S. Circuit Court of Appeals of jurisdiction.

Source:
law.com