Have you been going it alone in a West Palm Beach will contest and its time for trial? Experienced Palm Beach probate litigators know that a jury can be unpredictable. Are you prepared to win at trialand possibly appeal? Here are three things you should know before you head into your first jury trial in West Palm Beach probate court.
#1) Do you even WANT a jury trial?
- Did you know you have a choice of whether or not to request a jury trial in West Palm Beach probate trials?
- There are a number of factors to consider before requesting a jury.
- You may only have ten days from the time you file your complaint to request a jury so be prepared to act.
#2) Act Quick
- South Florida probate courts do not reward those who sleep on their rights so you are going to have to act quickly.
- Did you know you might have as little as ninety days to file your West Palm Beach will contest?
- Have you seriously considered how little three months is?
- You are going to have a lot of stuff to do before you file so do your homework.
#3) What is the Theory?
- Do you know how you are going to challenge the will’s admission to probate?
- Here are some common challenges to wills in West Palm Beach.
- Duress- this is when someone challenged an unlawful act to procure a will.
- Undue Influence- when someone is exerting influence but the threats / coercion are not unlawful you may still have a claim for undue influence. This is proper when the will does not reflect the actual intent of the person writing the will.
- Fraud- if a will has been procured by fraud this is grounds to challenge a will in West Palm Beach.
- Lack of Capacity – Most people write their wills at the end of life, which can also coincide with dementia, senility and other mental frailties. If a person lacked the capacityto understand what they were doing a will is considered a nullity and may be challenged.
Learning About Probate
- Are you currently trying to figure out if a will contest is right for you?
- Take a look at the variety of videos we have prepared to help advise you during this confusing time in your life.