Diane Giardina v. Adele Fontana, Individually and as Personal Representative of the Estate of Joseph Fontana

FEINBERG, Chief Judge:

This case requires us to decide whether the district court erred in abstaining from exercising jurisdiction over a claim for relief that is not directly within the probate exception to diversity jurisdiction and does not involve a controlling or unsettled question of state law, but is on the verge of matters before a state probate court. For reasons given below, we find that the dis trict court should not have abstained, and we reverse the judgment of the district court and remand.

I

Appellant Diane Giardina alleged the following in the complaint that is the subject of…