Did you know that there are two courts that operate in West Palm Beach concurrently? Like any other part of America, West Palm Beach is subject to federal jurisdiction over some matters. On the other hand there are also the State Courts, one of which is the probate court. Do you know when to file in which Court? Have you ever heard of the rule that federal courts will not take probate cases under a so-called probate exception.
Federal Jurisdiction in West Palm Beach and the Probate Exception
- In general the Federal Courts are courts of limited jurisdiction while the West Palm Beach Court (State Court) is one of general jurisdiction.
- Do you know what that means?
- Essentially if you have any claim, it may most likely be brought in State Court.
- On the other hand Federal Court has only limited jurisdiction over certain matters.
- For example if you think your constitutional (federal) rights were violated, then you may be on your way to Federal Court.
- On the other hand if you just want to sue for breach of contract you probably belong in State Court.
- There are exceptions like any rule, for example if you and the defendant are from different states they may ask you to move the case to federal court under a doctrine known as diversity.
- This process is called “removal.”
- There are exceptions to the exceptions though.
- For example certain probate matters will not be accepted by the Federal Courts, this is called the probate exception.
Sarvis v. BMO Harris Bank, N.A.
- This was a matter that normally would be in the probate court – a breach of trust dispute.
- So how did it end up in Federal Court?
- The probate exception is not as simple as it may sound, in other words you may be able to file in Federal Court.
- The exception is hard and fast where it applies.
- But it only applies to probate administration not probate in general.
- What does that mean?
- If your lawsuit is not centered about the administration of the estate the exception probably does not apply.
- There are similar exceptions to federal jurisdiction when it comes to matters involving family law.
- Are you considering filing in Federal Court?
- Talk to an experienced Palm Beach probate litigator today before you make any decisions you cannot undo.
Want to learn more?
Check out this recent case out of the United States 7th Circuit Court of Appeals to learn more about probate and Federal Court, simply click here.
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