Probate Exception Barred Heir’s Suit Against Executor, 11th Circuit Finds

(December 7, 2018, 10:40 AM EST) -- ATLANTA — A federal judge in Georgia did not err when dismissing an heir’s lawsuit accusing her brother of breaching his fiduciary duty as the executor of their father’s estate pursuant to the probate exception to federal jurisdiction, an 11th Circuit U.S. Court of Appeals panel ruled Dec. 4, holding that the relief sought by the plaintiff would have required the federal court to conduct tasks reserved for the state probate court (Pamela Hatcher Stuart v. William G. Hatcher Jr., No. 18-12231, 11th Cir., 2018 U.S. Dist. LEXIS 34078)....

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