Oliver v. Hines, 943 F. Supp. 2d 634 (E.D. Va. 2013) (May 1, 2013)

The child of settlor of inter vivos trust filed action in state court against trustee and beneficiaries of trust to invalidate trust. Defendants removed action on diversity grounds. The Court, sua sponte, considered whether so-called probate exception operated to negate subject matter jurisdiction and require remand. It found that the exception did not apply because the suit did not seek the administration of an estate or probate of a will, and the assets in the trust were not subject to the jurisdiction of a state probate court.