In Re Estate of Mary Huff aka May F. Huff

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EDCV 19-1585 DSF (KKx) In re Matter of Estate of MARY HUFF Order GRANTING Motion to Remand Case to State Court

The Secretary of Housing and Urban Development removed this case from state probate court on the basis of the Secretary’s interest in a deed of trust encumbering property of the Estate of Mary Huff. The Administrator of the Estate has moved for remand. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for October 21, 2019 is removed from the Court’s calendar. The Supreme Court has clarified that the probate exception to federal jurisdiction is narrow, but it does “reserve[] to state probate courts the probate or annulment of a will and the administration of a decedent’s estate; it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court.” Marshall v. Marshall, 547 U.S. 293, 311–12 (2006). Despite the Secretary’s pronouncements to the contrary, the matter the Secretary has removed clearly involves disposing of property of the Estate already…