Have you spoken to a Florida will contest lawyer about filing a lawsuit in Florida probate court? What do you need to know before you file? Here is one thing – do you want a jury trial? Do you even have a right to a jury trial? Believe it or not the probate courts have been fighting over that issue from time to time since the 1800s! Check out this probate appeal to the Supreme Court of Florida!
Jury Trials
- You may have a right to a jury trial in a Florida will contest if the estate attorney demands one in the Complaint.
- How do you demand a jury trial in a Complaint?
- Do all will contests get a jury trial in Florida?
- Often time will contestants are worried about whether or not they are allowed a will contest without asking the first question.
- Do they want a will contest?
- That is a serious inquiry that you should discuss with a Florida estate attorney.
- Keep in mind that once you demand a jury trial you may not be able to undo that.
- Do you know how to reverse a demand for a jury trial?
- Here is a hint, you are going to need the other sides consent to do it.
- What other concerns should you have about demanding a jury in a Florida probate trial?
- Check out this probate appeal that is over 100 years old even back then people wanted jury trials and were not always so lucky.
Lavey v. Dig
- This was an appeal from Florida probate litigation that got all the way to the Supreme Court of Florida!
- Although older judicial writing may be hard to understand this was a relatively simple issue for the Florida Court dealing with estate litigation.
- Do you have a right to a jury in a will contest.
- The answer is not that simple though, because it depends.
- Do you know on what it depends?
- Speak to an estate attorney Florida to learn more before you demand a jury trial that you may not want or may not be entitled to!
Want to learn more?
Check out the entire case by clicking here.
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