Great article on Probate Exception — why is there a probate exception and not a contract exception, PI tort exception?

MaryGSykes.com

So Barbara Stone and I were wondering, what is this “probate exception” that keeps normally tough and anti corruption Federal Courts from providing a second look at what is going on in Probate Court that sometimes can only be described as utterly down the rabbit hole.

Where does this come from?  How does “probate exception” scare even the toughest of judges when the public is clamoring for a RICO presumption in probate, the Federal Court judges cower and dump anything that mentions probate as a regular course of business.

I mean, by that measure, they should dump all personal property disputes, maybe there should be a business partnership exception (probate is much like winding down a business, assets are sold and liquidated and disputes between the partners as to valuation and ethics in transactions are carefully scrutinized by Federal Court judges all the time when there is diversity, etc.)  I…

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