Supreme Court of Alabama

Ex Parte Joan McCullough Scott. (in Re: in the Matter of the Estate of Kathryn Marie Lange)

October 28, 2016220 So. 3d 1042

Summary

The court granted Scott's petition for a writ of mandamus and directed the probate court to vacate its escrow order. It held that the Jefferson Probate Court lacked jurisdiction over assets administered in England, including distributions derived from English real property, and therefore could not require Scott to deposit those assets into the Alabama estate proceeding. The court did not need to resolve Lange's domicile because the jurisdictional defect independently required relief.