Probate Litigation: Do’s & Don’ts for Estate Lawsuit Jury Trial (November 5, 2014 case)

Involved in estate litigation ? Before your estate lawsuit Palm Beach goes to the jury, remember the do’s and don’ts that all probate litigators should follow.

Estate Lawsuit: Personal Representative Sues

• A recent, November 5, 2014, opinion from Palm Beach Appeals Court reminds probate litigators Palm Beach of some do’s & don’ts of trying a case in front of a jury
• This case involved the Florida estate of someone who passed away in Broward County, Florida
• The Florida personal representative of the estate was the plaintiff
• You can read the legal opinion online for free at the 4th District Court of Appealwebsite at this link: http://4dca.org/opinions/Nov.%202014/11-05-14/4D12-4309.op.pdf

Jury Trials in Probate Litigation

• Most estate litigators from Jupiter, Florida to Boca Raton will tell you that they often have “bench trials“
• Probate lawsuits are typically filed in the probate division of Palm Beach County courts, such as the courthouse in Delray Beach, Palm Beach Gardens and downtown West Palm Beach
• A bench trial is in front of a probate court judge
• Some probate lawsuits permit you to request, or demand, a jury trial
• Knowing how to ask for or demand a jury trial for your estate litigation is important
• For example, in Palm Beach, there is legal authority for cases of fraud to go to a jury
• What’s your estate litigation strategy?  Your probate litigation law firm Palm Beachprobably has a strategy for either your bench trial or for getting in front of a jury.  “Do you want to be in front of a jury?” is an important question to consider BEFORE you file your estate lawsuit Florida

Do’s & Don’ts About Estate Jury Trials

• Do remember that closing argument should not inflame the emotions of the jury
• Do remember that damages in your estate lawsuit are intended to compensate the estate
• Do remember that damages in an estate lawsuit are not intended to punish the other side
• Do argue the law
• Do apply Florida law to the facts
• Don’t improperly suggest to the jury that the defendant should be punished

Knowing how to conduct yourself in front of a probate court judge or a Broward County jury are important points for anyone involved in estate litigation Florida.