When Can You File a Florida Probate Lawsuit in Federal Court: The Probate Exception

Florida probate litigation usually belongs in the Florida probate courts,  that only makes sense. But what about Federal Court? Can you file a probate lawsuit in Federal Court instead of in West Palm Beach? The truth is it is very rare for a Florida estate lawyer to file in Federal Court but it is possible. Learn why by reading this recent case out of Kansas’ Federal District Court!

“The Probate Exception”

• Every State in America has a few different Courts but there are two distinct different types of Courts – Federal and State.
• In other words you can ask the Federal judge to decide the case or the State judge, but there are rules about which Court it belongs in.
• If you are unsure if you can file in a particular court simply talk to a Florida trust lawyer.
• Probate litigation attorneys know that normally any time you have a case worth over 75 thousand dollars and parties from different states you may be able to get into Federal Court.
• That being said there is something called the probate exception to Federal jurisdiction.
• Has your Florida probate lawyer explained this to you?
• The Federal Courts do not take cases regarding the administration of probate or certain family matters,those are the rules.
• These are very local issues that the Federal Courts feel they should not infringe onto.
• If you are unsure if Federal Court is an option just talk to an experienced Florida estate lawyer.
• Probate attorneys Florida know that there are certain cases that can be brought to the Federal Court even though they involve probate.
• Do you know how to get around the rule?
• Check out this recent case out of the Kansas District Court involving probate.

Parks v. Kiewel

• This was an interesting case of probate abuse in Kansas.
• Florida estate attorneys like to keep their options open and cases like this highlight the availability of Federal Court – that is always good.
• Here a Mother named one sister as the executor of the will and then things went bad.
• The other sisters learned that the executor had taken huge gifts from the Mother in her old age and abused her under the power of attorney.
• It gets worse!
• The woman had made all of the accounts “Pay or Transfer on Death” accounts which means that the entire estate passed outside of probate.
• It remains to be seen whether or not that is what the Mother wanted.
• What do you think?

Want to learn more getting into Federal Court?

Check out the entire case by clicking here. 

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