 | Who Controls an Estate the State or the Feds |
 Anonymous writes "PROBATE, PROBATE EXCEPTION, FEDERAL JURISDICTION,
SUBJECT MATTER JURISDICTION, BANKRUPTCY, TRUST,
WILL, ESTATE, TORTIOUS INTERFERENCE, INTER VIVOS
GIFT, ANNA NICOLE SMITH
Marshall v. Marshall (04-1544)
Oral argument: Feb. 28, 2006
When billionaire oil tycoon J. Howard Marshall II
died, he was survived by his wife of one year,
Vickie Lynn Marshall -- better known as Anna Nicole
Smith. Mr. Marshall's son from a previous marriage,
E. Pierce Marshall, became the executor of the elder
Marshall's estate and the principal beneficiary of
an inter vivos trust, neither of which included Mrs.
Marshall. Nevertheless, a legal battle between Mrs.
Marshall and E. Pierce over exactly what Mr.
Marshall intended for his wife has taken place since
Mr. Marshall's death. The case has bounced from a
probate court in Texas, to a federal bankruptcy
court in California, and now to the Supreme Court of
the United States. The issue now before the Court
concerns the relationship between federal and state
powers, as related to the "probate exception" to
federal jurisdiction -- namely, when can federal
courts, including bankruptcy courts, decide cases
involving traditionally state-directed claims in
inheritance. The Supreme Court's decision in this
case will affect the rights not only of state and
federal judicial systems, but also the multitude of
individuals throughout the nation planning,
managing, and litigating their rights in estates,
finances, and the future livelihoods of themselves
and their loved ones.
"
|
|
|
|
| |
| Related Links |  |
| Article Rating | |
| Options | |
|
