For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction. Two recent Southern District cases examine the probate exception. Part 1 of this blog series introduces the probate exception and discusses an “easy” case; Woitovichv. Schoenfeld. Part
wills
Treasure and Trinkets

By Frank Santoro on
Posted in Construction of Wills and Trusts
It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is often divided in a contentious manner at the bitter end of an estate litigation, or sometimes forgotten after years of litigation. An ongoing dispute in one of my cases led me to reflect on a…