OPINION AND ORDER Plaintiff Rhonda Woitovich brings this action against her maternal aunt, Lydia Schoenfeld, for allegedly refusing to give Woitovich assets left to her in trust by her grandmother, Schoenfeld’s mother. Schoenfeld now moves, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss Woitovich’s claims. The principal issue raised by the motion is whether and to what extent the probate exception to federal jurisdiction applies. For the reasons that follow, the Court concludes that the probate exception bars the Court from considering most — but not all — of Woitovich’s claims. Accordingly, Schoenfeld’s motion to dismiss is granted in part and denied in part. BACKGROUND The following facts, taken from the operative Complaint, see ECF No. 34 (“FAC”), documents it incorporates by reference, and matters of which the Court may take judicial notice (including filings in the underlying state probate court), are construed in the light most favorable to Woitovich. See, e.g., Empire Merchs., LLC v. Reliable Churchill LLLP, 902 F.3d 132, 139 (2d Cir. 2018); Kleinman v. Elan Corp., PLC, 706 F.3d 145, 152 (2d Cir. 2013). On September 18, 2015, Ruth Schoenfeld (“Ruth”) died testate. FAC 13. She was survived by her husband, Seymour Schoenfeld (“Seymour”); two daughters, Lydia and Marlene Schoenfeld (“Marlene”); and a granddaughter (Marlene’s daughter), Rhonda Woitovich. Id.
9-10, 13; ECF No. 40 (“Pl.’s Opp’n), at 2. In her last will and testament, see ECF No. 40-2 (“Will”), Ruth established a credit shelter trust for Seymour’s lifetime benefit (the “Trust”). FAC 13; see Will 6-17. Ruth’s will was probated in Nassau County Surrogate’s Court (the “Surrogate’s Court”). FAC 14; see also ECF No. 37-3 (the petition for probate). The Surrogate’s Court duly issued letters testamentary to Seymour and to Schoenfeld, see ECF No. 37-4, and letters of trusteeship, as to the Trust, to Schoenfeld and to Woitovich, ECF No. 40-4. After Seymour’s death in 2020, FAC 9, a conflict arose between Woitovich and Schoenfeld over the Trust. Woitovich maintains that Ruth’s will designates her as the sole residual beneficiary of the Trust and, thus, that the Trust must be distributed to her. FAC
