Lois Jones v. Thomas Brennan, 465 F.3d 304 (7th Cir. 2006). · Go Syfert
Lois Jones v. Thomas Brennan, 465 F.3d 304 (7th Cir. 2006). Cases Citing This Book View Copy Cite
213 citation events (213 in the last 25 years) across 30 distinct courts.
Strongest positive: Randall C. Hall v. Sheila Hoiness, et al. (ilnd, 2026-02-06) · Strongest negative: Am. Elec. Power Serv. Corp. v. John Fitch (ca6, 2022-08-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Am. Elec. Power Serv. Corp. v. John Fitch
6th Cir. · 2022 · signal: but see · confidence high
But see Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006) (post-Marshall decision finding “no good reason to strain to give different meaning to the identical language in the diversity and federal-question statutes”); Tonti v. Petropoulous, 656 F.2d 212 , 215–16 (6th Cir. 1981) (pre-Marshall decision applying probate exception to action brought under 42 U.S.C. § 1983 ).
discussed Cited as authority (verbatim quote) Randall C. Hall v. Sheila Hoiness, et al. (2×) also: Cited "see"
N.D. Ill. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
such a claim does not ask the court in which it is filed to administer the estate, but rather to impose tort liability on the for breach of fiduciary duty.
discussed Cited as authority (verbatim quote) Lopez v. Kubalanza
N.D. Ill. · 2025 · quote attribution · 1 verbatim quote · confidence high
tate courts are assumed to have developed a proficiency in matters, to have procedures tailored to them, and to work closely with and even employ specialized staff not found in federal courts.
discussed Cited as authority (verbatim quote) Gooldy v. Lake County and Juvenile Courts
N.D. Ind. · 2023 · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court.
discussed Cited as authority (verbatim quote) Peoples v. Peoples
N.D. Ind. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic- relations court.
discussed Cited as authority (verbatim quote) Woolsey v. Woolsey
N.D. Ind. · 2022 · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic- relations court.
discussed Cited as authority (verbatim quote) Bowes-Northern v. Miller
N.D. Ind. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic- relations court.
discussed Cited as authority (verbatim quote) Bowes-Northern v. Scott
N.D. Ind. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court.
discussed Cited as authority (verbatim quote) Bowes-Northern v. Miller
N.D. Ind. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he domestic-relations exception . . . denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court.
discussed Cited as authority (verbatim quote) David Zawistowski v. Michael Kramer
7th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
mmunity is a defense rather than a jurisdictional defect.
discussed Cited as authority (verbatim quote) David Zawistowski v. Michael Kramer
7th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
mmunity is a defense rather than a jurisdictional defect.
discussed Cited as authority (verbatim quote) Kinder Morgan, Incorporated v. Joanne Crout
5th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the probate exception is usually invoked in diversity cases, and the courts are divided over its applicability to federal-question cases, such as this case.
discussed Cited as authority (verbatim quote) Kaplan v. Kaplan (2×) also: Cited as authority (rule)
M.D. Fla. · 2012 · quote attribution · 1 verbatim quote · confidence high
tate courts are assumed to have developed a proficiency in matters, to have procedures tailored to them, and to work closely with and even employ specialized staff not found in federal courts.
cited Cited as authority (rule) Scott D. Phillips v. Benjamin Ballou, et al.
N.D. Ind. · 2026 · confidence medium
Marshall v. Marshall, 547 U.S. 293 (2006); Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006).
discussed Cited as authority (rule) Ashley Eilene Franklin v. David C. Bonfiglio et al.
N.D. Ind. · 2026 · confidence medium
Jones v. Brennan, 465 F.3d 304, 308 (7th Cir. 2006) (plaintiff could not sue the guardians for depriving her of property without due process if the relevant acts were undertaken “in the course of administering the estate.”).
discussed Cited as authority (rule) Marissa Girard v. Rossana P. Fernandez, et al. (2×) also: Cited "see"
N.D. Ill. · 2026 · confidence medium
Simply put, the Custody Judgment and its enforcement are currently “in the [state] court’s control,” and this Court “should not try to elbow its way into the fight.” Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006).
discussed Cited as authority (rule) GARY W. FULLER v. CARLTON M. FULLER, et al.
C.D. Cal. · 2025 · confidence medium
It makes no difference that Plaintiff isn’t asking this court explicitly to act as a probate court per se.2 When a complaint in federal court alleges improprieties in the administration of an estate that is subject to probate proceedings in state court or seeks to challenge any orders of a state probate court, it is “tantamount to asking the federal district court to take over the administration of the estate.” Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2 Nor does it matter if the estate’s assets happen to be in a trust rather than the subject of a will.
cited Cited as authority (rule) Thom v. Balgeman
E.D. Wis. · 2025 · confidence medium
Marshall v. Marshall, 547 U.S. 293 (2006); Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006).
discussed Cited as authority (rule) Schiller, Victoria v. State of Wisconsin
W.D. Wis. · 2025 · confidence medium
Jones v. Brennan, 465 F.3d 304, 308 (7th Cir. 2006) (court agents “can be sued if they step outside the scope of their agency and engage in self-dealing”).
cited Cited as authority (rule) O'Neil v. Carter
E.D. Wis. · 2025 · confidence medium
Div., 837 F.3d 736, 741 (7th Cir. 2016) and citing Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006))).
discussed Cited as authority (rule) Stevens v. Lyne (2×)
N.D. Ill. · 2025 · confidence medium
In Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006), the Seventh Circuit held that the probate exception applied where the plaintiff’s complaints “about the maladministration of her father’s estate by the Cook County probate court” were “tantamount to asking the federal district court to take over the administration of the estate.” Two years later, in Gustafson v. zumBrunnen, 546 F.3d 398, 400 (7th Cir. 2008), the Seventh Circuit held that the probate exception did not apply to a suit that “would just add assets to the decedent’s estate” and “would not reallocate the est…
discussed Cited as authority (rule) LaNier v. LaNier
E.D.N.C. · 2024 · confidence medium
Ind. Mar. 16, 2010) (“The probate exception precludes federal courts from adjudicating disputes regarding matters reserved to state trial courts, including the appointment and deployment of a guardian.”) (citing Jones v. Brennan, 465 F.3d 304, 306-08 (7th Cir.2006)); Martino v. Campbell, No. 8:21-CV-1636-KKM-JSS, 2021 WL 5923047 , at *2 (M.D.
discussed Cited as authority (rule) Trane U.S. Inc. v. Hunzeker Service Agency, Inc.
C.D. Ill. · 2024 · confidence medium
But it does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction.” Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006) (citing Marshall v. Marshall, 547 U.S. 293, 312 (2006). statute, not that of the federal Comprehensive Environmental Compensation and Liability Act (“CERCLA”), was found to apply.
cited Cited as authority (rule) Estate of Charles T. Close v. CIGNA Health and Life Insurance Corporation
S.D.N.Y. · 2023 · confidence medium
Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006); see also In re Marshall, (Marshall I) 392 F.3d 1118 , 1131-32 (9th Cir. 2004), rev’d on other grounds sub nom.
discussed Cited as authority (rule) Fahrbach v. Harder
E.D. Ky. · 2023 · confidence medium
See Danforth, 76 F. App’x at 616 ; Kowalski v. Boliker, 893 F.3d 987, 995 (7th Cir. 2018) (holding that the exception “[applies] to both federal-question and diversity suits.”); Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006). 8 plaintiff an adequate opportunity to raise constitutional claims.
cited Cited as authority (rule) Bowersock v. Matherly
C.D. Ill. · 2023 · confidence medium
Ind. Aug. 24, 2018) in turn citing Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006)).
cited Cited as authority (rule) Waller v. Rogers
N.D. Cal. · 2023 · confidence medium
So when there’s a dispute over assets held in probate, a federal court “should not try to elbow its way into the fight.” Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006).
discussed Cited as authority (rule) Keading v. Keading
N.D. Cal. · 2023 · confidence medium
Goncalves, 865 F.3d at 1252 ; Jones v. Brennan, 465 F.3d 304, 307 (7th 3 Cir. 2006) (case about “the maladministration of [the] father’s estate by the Cook County probate 4 || court” was “tantamount to asking the federal district court to take over the administration of the 5 estate”). 6 Regarding the Rooker-Feldman doctrine, the court also notes that because Exxon referred to 7 || “cases brought by state-court losers,” there is some uncertainty about whether the doctrine can 8 apply in the removal context.
discussed Cited as authority (rule) Huiras v. Cafferty
E.D. Wis. · 2023 · confidence medium
See Kowalski v. Boliker, 893 F.3d 987, 995 (7th Cir. 2018) (finding Rooker-Feldman did not bar the case because “the state court had not rendered a judgment before the district court proceedings began”); Jones v. Brennan, 465 F.3d 304, 305 (7th Cir. 2006) (concluding the doctrine was inapplicable because “[t]he plaintiff filed her suit before the litigation in state court . . . was completed”). “[P]roceedings end for Rooker-Feldman purposes when the state courts finally resolve the issue that the federal court plaintiff seeks to relitigate in a federal forum.” Parker v. Lyons, 757 …
discussed Cited as authority (rule) Huiras v. Cafferty
E.D. Wis. · 2022 · confidence medium
See Kowalski v. Boliker, 893 F.3d 987, 995 (7th Cir. 2018) (finding Rooker-Feldman did not bar the case because “the state court had not rendered a judgment before the district court proceedings began”); Jones v. Brennan, 465 F.3d 304, 305 (7th Cir. 2006) (concluding the doctrine was inapplicable because “[t]he plaintiff filed her suit before the litigation in state court . . . was completed”). “[P]roceedings end for Rooker-Feldman purposes when the state courts finally resolve the issue that the federal court plaintiff seeks to relitigate in a federal forum.” Parker v. Lyons, 757 …
discussed Cited as authority (rule) Sharif v. Newman
N.D. Ill. · 2022 · confidence medium
The domestic relations exception “denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court.” Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006).
discussed Cited as authority (rule) Sharif v. Newman (2×)
N.D. Ill. · 2022 · confidence medium
The Domestic Relations Exception to Federal Jurisdiction The domestic relations exception “denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court.” Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006).
cited Cited as authority (rule) Brumit v. Granite City, Illinois
S.D. Ill. · 2022 · confidence medium
Jones v. Brennan, 465 F.3d 304, 308 (7th Cir. 2006).
discussed Cited as authority (rule) Lysengen v. Argent Trust Company (2×) also: Cited "see, e.g."
C.D. Ill. · 2022 · confidence medium
Defendants cite Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006) in support of their position that the probate exception applies here.
discussed Cited as authority (rule) J.P. Morgan Securities LLC v. Black
N.D. Ill. · 2021 · confidence medium
That in rem proceeding involves the administration of a conservatorship in probate, which has been described as a “fight[] over a thing of value that is in the court’s control” in which “another court should not try to elbow its way into the fight.” Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006).
cited Cited as authority (rule) Valadez v. Waukesha County Circuit Court
E.D. Wis. · 2021 · confidence medium
Jones v. Brennan, 465 F.3d 304, 308 (7th Cir. 2006).
cited Cited as authority (rule) Glassie v. Doucette
D.R.I. · 2021 · confidence medium
There is no logical reason that the same burden-shifting paradigm would not apply to federal question jurisdiction. , 465 F.3d 304, 306 (7th Cir. 2006).
discussed Cited as authority (rule) Byrdwell v. Hellard
E.D. Ky. · 2021 · confidence medium
First, the Judiciary Act’s grant of federal question jurisdiction uses the same language as that found in the diversity section, and “there is no good reason to strain to give a different meaning to the identical language in the diversity and federal-question statutes.” Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006).
cited Cited as authority (rule) Ali v. Loyola Community Law Center
N.D. Ind. · 2021 · confidence medium
Jones v. Brennan, 465 F.3d 304, 306 (7th Cir. 2006); Marshall v. Marshall, 547 U.S. 293, 305-306 (2006); Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992); Dawaji v. Askar, 618 Fed.
discussed Cited as authority (rule) Carleton Syph, II v. Edward Arce (2×) also: Cited "see"
7th Cir. · 2019 · confidence medium
See Ankenbrandt v. Richards, 504 U.S. 689 , 700–02 (1992); Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006). “[S]tate courts are assumed to have developed a core proficiency in probate and domestic relations matters,” Sykes, 837 F.3d at 741 , and they can decide federal questions at the same time.
discussed Cited as authority (rule) Carleton Syph, II v. Edward Arce (2×) also: Cited "see"
7th Cir. · 2019 · confidence medium
See Ankenbrandt v. Richards, 504 U.S. 689 , 700–02 (1992); Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006). “[S]tate courts are assumed to have developed a core proficiency in probate and domestic relations matters,” Sykes, 837 F.3d at 741 , and they can decide federal questions at the same time.
discussed Cited as authority (rule) Carleton Syph, II v. Edward Arce (2×) also: Cited "see"
7th Cir. · 2019 · confidence medium
See Ankenbrandt v. Richards, 504 U.S. 689 , 700–02 (1992); Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006). “[S]tate courts are assumed to have developed a core proficiency in probate and domestic relations matters,” Sykes, 837 F.3d at 741 , and they can decide federal questions at the same time.
discussed Cited as authority (rule) Allian v. Allian
N.D. Ill. · 2018 · confidence medium
See Marshall, 547 U.S. at 311, 313-14 (holding that the exception did not apply to “a state-law tort action for interference with an expected inheritance or gift,” and suggesting that a fiduciary duty claim against an executor or trustee would be “well beyond” the exception); Jones v. Brennan, 465 F.3d 304, 307-08 (7th Cir. 2006) (“[The plaintiff] is … accusing the guardians of having mismanaged the estate, and as an heir she may have a claim for breach of fiduciary duty by them.
cited Cited as authority (rule) Michael Bargo, Jr. v. Porter County, Indiana
7th Cir. · 2018 · confidence medium
See Iqbal v. Patel, 780 F.3d 728 , 729–31 (7th Cir. 2015); Jones v. Brennan, 465 F.3d 304, 305 (7th Cir. 2006).
cited Cited as authority (rule) Michael Bargo, Jr. v. Porter County, Indiana
7th Cir. · 2018 · confidence medium
See Iqbal v. Patel, 780 F.3d 728 , 729–31 (7th Cir. 2015); Jones v. Brennan, 465 F.3d 304, 305 (7th Cir. 2006).
cited Cited as authority (rule) Singer v. Massachusetts Mutual Life Insurance Co.
N.D. Ill. · 2018 · confidence medium
Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006) (elucidating Marshall).
cited Cited as authority (rule) Robert Kowalski v. Shauna Boliker
7th Cir. · 2018 · confidence medium
Id. at 307 (emphasis added).
cited Cited as authority (rule) Robert Kowalski v. Shauna Boliker
7th Cir. · 2018 · confidence medium
Id. at 307 (emphasis added).
cited Cited as authority (rule) Robert Kowalski v. Shauna Boliker
7th Cir. · 2018 · confidence medium
Id. at 307 (emphasis added).
cited Cited as authority (rule) Dickman v. Office of the Cook County State's Attorney
N.D. Ill. · 2018 · confidence medium
Jones v. Brennan, 465 F.3d 304, 308 (7th Cir. 2006).
Retrieving the full opinion text from the archive…
Lois JONES, Plaintiff-Appellant,
v.
Thomas BRENNAN, Et Al., Defendants-Appellees
04-3528.
Court of Appeals for the Seventh Circuit.
Aug 14, 2006.
465 F.3d 304
Lois Jones (submitted), Chicago, IL, for Plaintiff-Appellant., John A. Ouska, Office of the Cook County State’s Attorney, Nadine J. Wichern, Office of the Attorney General Civil Appeals Division, Chicago, IL, for Defendants-Appellees.
Posner, Manion, Rovner.
Cited by 111 opinions  |  Published
POSNER, Circuit Judge.

Lois Jones filed this suit pro se in federal court under 42 U.S.C. § 1983 against several Cook County, Illinois, probate judges, the county’s public guardian, two of his deputies, and four private lawyers whom the probate court had appointed to be guardians ad litem. Jones claimed that the defendants had conspired to deprive her of property without due process of law in the course of probate proceedings involving her father’s estate. Her father was living when the proceedings began, but was incapable of handling his affairs, apparently because of dementia and complications of diabetes, and so his property was in the control of the probate court. He died in the course of the proceedings; they continued.

The complaint alleges that the probate judges received ex parte communications from the guardians, failed to require the guardians to file appearances or provide an accounting of their management of the estate, and denied the plaintiff notice and a hearing before replacing a previous guardian. The complaint further alleges that one of the guardians “bargain[ed]” with the plaintiffs siblings for property that should have remained in the estate, and conducted an “illegal search” of her personal belongings, and that the guardians prevented her from spending time with her father before he died by making false reports that convinced the court to grant an order of protection against her, and by hastening her father’s death through neglect. She seeks compensatory and punitive damages.

The judge dismissed the suit on the pleadings on the authority of the Rook-er-Feldman doctrine. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923). This was a mistake. The doctrine, which forbids a federal court other than the Supreme Court to entertain an appeal from a decision by a state court, is inapplicable when the plaintiff is not attacking a state court judgment. Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, 291-94, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005); TruServ Corp. v. Flegles, Inc., 419 F.3d 584, 591 (7th Cir.2005). The plaintiff filed her suit before the litigation in state court over her father’s estate was completed, and is complaining (so far as we can determine from the inartfully drafted pro se complaint), in part anyway, about matters that were not the subject of the state court judgment, such as the alleged bargaining between her siblings and the guardians, the search, the denial of access to her father, and the defendants’ actions that she contends hastened his death. To the extent that the Rooker-Feldman doctrine does not apply, the plaintiffs claims may be barred by res judicata, 28 U.S.C. § 1738, or the anti-injunction act, 28 U.S.C. § 2283, but these[*306] are defenses rather than jurisdictional obstacles and their applicability remains to be determined.

There is another jurisdictional obstacle to consider, however, and that is the “probate exception” to the federal courts’ jurisdiction. See, e.g., Storm v. Storm, 328 F.3d 941, 943-44 (7th Cir.2003); Dragan v. Miller, 679 F.2d 712, 713-15 (7th Cir.1982). As recently clarified by the Supreme Court, the exception “reserves to state probate courts the probate or annulment of a will and the administration of a decedent’s estate; it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court. But it does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction.” Marshall v. Marshall, — U.S.-,-, 126 S.Ct. 1735, 1748, 164 L.Ed.2d 480 (2006). The probate exception is usually invoked in diversity cases, and the courts are divided over its applicability to federal-question cases, such as this case. Compare In re Marshall, 392 F.3d 1118, 1131-32 (9th Cir.2004), rev’d on other grounds under the name Marshall v. Marshall, supra, and Tonti v. Petropoulous, 656 F.2d 212, 215-16 (6th Cir.1981), holding it applicable to such cases, with Goerg v. Parungao, 844 F.2d 1562, 1565 (11th Cir.1988), holding it inapplicable. We think it applicable.

It used to be thought that the probate exception, like the domestic-relations exception, which denies federal jurisdiction to grant a divorce or exercise the other characteristic powers of a domestic-relations court, Marshall v. Marshall, supra, 126 S.Ct. at 1746; Ankenbrandt v. Richards, 504 U.S. 689, 703, 112 S.Ct. 2206, 119 L.Ed.2d 468 (1992); Friedlander v. Friedlander, 149 F.3d 739, 740 (7th Cir.1998), and is also usually invoked in diversity cases, was of constitutional dignity. Byers v. McAuley, 149 U.S. 608, 619-20, 13 S.Ct. 906, 37 L.Ed. 867 (1893); Gaines v. Fuentes, 92 U.S. 10, 21, 23 L.Ed. 524 (1876); Case of Broderick’s Will, 21 Wall. 503, 88 U.S. 503, 509, 22 L.Ed. 599 (1875); cf. Andrews v. Andrews, 188 U.S. 14, 32-33, 23 S.Ct. 237, 47 L.Ed. 366 (1903) (domestic-relations exception). We echoed that view in Dragan v. Miller, supra, 679 F.2d at 714; see also Akin v. Louisiana Nat’l Bank of Baton Rouge, 322 F.2d 749, 751 (5th Cir.1963); cf. Loubser v. Thacker, 440 F.3d 439, 440 (7th Cir.2006) (domestic-relations exception). The thought was that Article III of the Constitution, in limiting the judicial power of the United States to cases and controversies, had confined the jurisdiction of the federal courts to “matters that were the traditional concern of the courts at Westminster.” Coleman v. Miller, 307 U.S. 433, 460, 59 S.Ct. 972, 83 L.Ed. 1385 (1939) (Frankfurter, J., concurring). Probate and domestic relations were handled by the English ecclesiastical courts rather than by the royal courts (both the common law courts and the Chancery court) at Westminster. Lloyd v. Loeffler, 694 F.2d 489, 491 (7th Cir.1982); Csibi v. Fustos, 670 F.2d 134, 136 (9th Cir.1982); 13B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3609, p. 460 (2d ed.2006); see also 3 William Blackstone, Commentaries on the Laws of England 87-103 (1768).

The accuracy of this historical analysis has been questioned. See 13B Wright, Miller & Cooper, supra, at 491-92; cf. Lloyd v. Loeffler, supra (domestic-relations exception). The dominant modern view is that the exceptions are of statutory rather than constitutional origin (except insofar as some matters within the probate or domestic-relations jurisdictions do not involve disputes and therefore are not cases or controversies, O’Callaghan v. [*307] O’Brien, 199 U.S. 89, 106, 25 S.Ct. 727, 50 L.Ed. 101 (1905); Ellis v. Davis, 109 U.S. 485, 496-97, 3 S.Ct. 327, 27 L.Ed. 1006 (1883); Gaines v. Fuentes, supra, 92 U.S. at 21-22), and is agnostic about the accuracy of its remote historical underpinnings.

When Congress in the Judiciary Act of Sept. 24, 1789, § 11, 1 Stat. 73, conferred on the federal courts a diversity jurisdiction limited to “all suits of a civil nature at common law or in equity,” which is narrower than Article Ill’s definition of the federal judicial power, probate and domestic relations were — the courts interpreting the statute held — excluded because they were not thought to be part of either common law or equity. Marshall v. Marshall, supra, 126 S.Ct. at 1746; Lloyd v. Loeffler, supra, 694 F.2d at 491; Csibi v. Fustos, supra, 670 F.2d at 136, 13B Wright, Miller & Cooper, supra, at 460. Congress used the same language when in the Judiciary Act of March 3, 1875, § 1, 18 Stat. 470, it conferred a general federal-question jurisdiction on the federal courts, by which time the probate and especially the domestic-relations exceptions had become established in the case law. E.g., Barber v. Barber, 62 U.S. (21 How.) 582, 584, 16 L.Ed. 226 (1859); Case of Broder-ick’s Will, supra. The implication is that the exceptions were probably intended to apply to federal-question cases too. And there is no indication that the current formula in both jurisdictional statutes — “all civil actions,” 28 U.S.C. §§ 1331, 1332(a) — was intended to repeal the exceptions. Marshall v. Marshall, supra, 126 S.Ct. at 1746; Ankenbrandt v. Richards, supra, 504 U.S. at 700-01, 112 S.Ct. 2206; Dragan v. Miller, supra, 679 F.2d at 713.

There is no good reason to strain to give a different meaning to the identical language in the diversity and federal-question statutes. The best contemporary reasons for keeping federal courts out of the business of probating wills, resolving will contests, granting divorces and annulments, administering decedents’ estates, approving child adoptions, and the like are two, and they are as persuasive when a suit is filed in federal court on the basis of federal law as when it is based on state law. First, the proceedings we have listed, or at least those involving child custody and probate administration, are in rem in character — they are fights over a thing of value that is in the court’s control — and another court should not try to elbow its way into the fight. Second, state courts are assumed to have developed a proficiency in these matters, to have procedures tailored to them, and to work closely with and even employ specialized staff not found in federal courts. Ankenbrandt v. Richards, supra, 504 U.S. at 703-04, 112 S.Ct. 2206; Lloyd v. Loeffler, supra, 694 F.2d at 492, 13B Wright, Miller & Cooper, supra, at 461. This ease, involving as it does a fight over an estate in the control of the state probate court, and the deployment of the public guardian, illustrates both points. See Ankenbrandt v. Richards, supra, 504 U.S. at 703-04, 112 S.Ct. 2206. And since state courts are authorized to decide issues of federal law unless Congress decrees otherwise, confining a class of federal-law cases to state courts does not deprive litigants of their federal rights.

Jones for the most part is complaining simply about the maladministration of her father’s estate by the Cook County probate court, and this complaint, brought while the probate proceedings were in progress though they have since concluded, was tantamount to asking the federal district court to take over the administration of the estate. That clearly would violate the probate exception. Marshall v. Marshall, supra, 126 S.Ct. at 1748. But she is also accusing the guardians of having mismanaged the estate, and as an heir she may have a claim for breach of fiducia[*308] ry duty by them. Miller v. Rich, 204 Ill. 444, 451-52, 68 N.E. 488 (1903); Estate of Lis v. Kwiatt & Ruben, Ltd., 365 Ill.App.3d 1, 301 Ill.Dec. 869, 847 N.E.2d 879, 886-87 (2006). Such a claim does not ask the court in which it is filed to administer the estate, but rather to impose tort liability on the guardians for breach of fiduciary duty. Although both the public guardians and the guardians ad litem are agents of the probate court as long as they are acting at the court’s direction, and so have to that extent absolute quasi-judicial immunity, e.g., Dornheim v. Sholes, 430 F.3d 919, 925 (8th Cir.2005); Hughes v. Long, 242 F.3d 121, 127 (3d Cir.2001); Fleming v. Asbill, 42 F.3d 886, 889 (4th Cir.1994), they can be sued if they step outside the scope of their agency and engage in self-dealing, as charged by the plaintiff. Dornheim v. Sholes, supra, 430 F.3d at 925; Cok v. Cosentino, 876 F.2d 1, 2-4 (1st Cir.1989) (per curiam). In any event, immunity is a defense rather than a jurisdictional defect, although the grounds for dismissal in this case based on the probate exception and the immunity defense merge when guardians are acting within the scope of their authority because they are administering a probated estate.

But to establish federal jurisdiction it is not enough that the plaintiffs suit may not be entirely barred by the probate exception. The parties are not of diverse citizenship, and the claim of breach of fiduciary duty clearly is based solely on state law. The plaintiff is also claiming, however, that the defendants deprived her of her property interest in her father’s estate without due process of law. If they did this in the course of administering the estate, the claim cannot escape the gravitational pull of the probate exception. It is too facile a litigation move to recast a claim of maladministration as a denial of due process. But conceivably some of the alleged misconduct involving the plaintiffs claim to a share of her father’s estate occurred outside the proceedings to administer the estate.

Another federal claim in the complaint is that the plaintiff was deprived, again without due process of law, of a liberty interest in her relationship with her father. We suggested in Russ v. Watts, 414 F.3d 783, 790 (7th Cir.2005), that parents and adult children have some constitutionally protected interest in being able to associate with each other. See also Robertson v. Hecksel, 420 F.3d 1254, 1258 (11th Cir.2005) (collecting cases). But this claim may also be within the probate exception if, as appears from the complaint, the alleged interference was caused by a protection order that the guardians obtained to prevent the plaintiff from interfering with the probate proceedings.

As for the complaint about the search of the plaintiffs personal belongings, the legal basis of the claim is obscure but the search may have been conducted under a warrant issued by the probate court. In that event it would be state action that could be challenged under the Fourteenth Amendment as an unreasonable search and seizure — unless, once again, the issuance of the warrant was ancillary to the administration of the estate “in the practical sense that allowing [the claim] to be maintained in federal court would impair the policies served by the probate exception.” Dragan v. Miller, supra, 679 F.2d at 715-16. This we cannot tell from the complaint.

Though we are dubious that any of the plaintiffs federal claims are outside the probate exception, the matter is not so clear that the judgment dismissing the case on jurisdictional grounds can be sustained without further probing in the district court. Unsure that there is federal jurisdiction, we express no view of the[*309] merits of any of the claims but add that if there is at least one colorable federal claim not barred by the probate exception, the district court has jurisdiction over the plaintiffs state-law claims by virtue of the court’s supplemental jurisdiction. 28 U.S.C. § 1367.

The judgment is vacated and the case remanded for further proceedings consistent with this opinion.