• 5th Cir.
  • Patrick E. Higginbotham, Circuit Judge:
The plaintiff contends that, under Marshall, her claims for breach of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. Because the assets in a living or inter vivos trust are not property of the estate at the time of the decedent's death, having been transferred to the trust years before, the trust is not in the custody of the probate court and as such the probate exception is inapplicable to disputes concerning administration of the trust. The district court's dismissal of the case is reversed and remanded. 5th U.S. Circuit Court of Appeals, No. 12-20164, 01-09-2013.