From Texas Tech School of Law–Interesting article on Probate Exception

Too many times Federal Court dismiss human and civil rights Complaints with a broad brush. Use this article to reign their protection of other judges and crony lawyers

MaryGSykes.com

http://lawprofessors.typepad.com/trusts_estates_prof/2009/01/probate-excepti.html

This may help many of you when preparing Responses to the dreaded Motions to Dismiss in Federal Court when you file your 42 USC 1983/85 claims; 18 USC 241/242 claims and ADA claims:

Smith5Allison Elvert Graves (J.D., University of Alabama, licensed in Missouri) has recently published her comment entitled Marshall v. Marshall: The Past, Present, and Future of the Probate Exception to Federal Jurisdiction, 59 Ala. L. Rev. 1643 (2008).

Here is the introduction to her article:

The probate exception is one of the most mysterious and esoteric branches of the law of federal jurisdiction.” This often cited quote describes the uncertainty surrounding the scope of the probate exception to federal jurisdiction. It has long been held that “a federal court has no jurisdiction to probate a will or administer an estate.” This prohibition on “matters of strict probate” is generally assumed to…

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