The Most Important Rule for Getting a Jury Trial in Florida Probate Litigation?

So, you want your day in Florida probate court, right?  And you want a jury trial for your probate lawsuit?  Well, if you want a Florida jury trial for your estate lawsuit Delray Beach, do you know, perhaps the one most important rule? 

Why does a Florida jury trial for an estate lawsuit even matter?

1. Probate Litigation in Florida is very emotional, personal and often stressful the heirs, beneficiaries and trustees and executors of wills and estates
2. Many people who file estate lawsuits in Palm Beach believe that a jury will be the best to hear the inheritance case and decide the facts
3. Many people, rightfully or perhaps wrongly, feel that they want to convey what they are going through in mom or dad’s revocable trust or estate or Florida probate to other people, not just a judge
4. Finally, there are unique & perhaps weird rules of Florida trial procedure or what we call Florida rules of civil procedure which you must jump through or follow if you really,truly want a jury trial
5. Lastly, understand that you are not going to get a jury trial Florida for a will contestnecessarily.  Fraud and undue influence Florida cases can get a jury trial for you, but many times a jury trial is not guaranteed. This comes as a surprise to a lot of people who file probate litigation West Palm Beach because everyone thinks “Hey, this is America, we all get a jury trial.”  That’s not the case in Florida probate stuff, so talk to your probatelitigation law firm Florida about jury trials before you file the lawsuit and see if one is right for you.

Can I get a jury trial in Florida probate lawsuits?

• Every Boca Raton probate lawyer knows that you need to DEMAND A JURY TRIAL
• Do you know how to demand, or ask for , a trial by jury when you are involved in aprobate dispute Palm Beach Gardens?
• Also, does your estate lawyer Palm Beach know WHEN to demand a jury trial for your probate lawsuit?
• Finally, perhaps, do you know when a trial by jury is permitted and NOT permitted for a Florida estate dispute?

How do I get a jury trial for Palm Beach estates?

• OK, so here are some general Florida trial rules or Florida probate rules, call them what you will, about trying to get a jury trial in your estate dispute
• First, understand that a Florida probate court is typically a probate state court judge deciding matters; there is no jury
• Most probate courts are not even fitted or equipped in the Florida probate courtroom for a jury trial: there’s no jury box for example and, for example, some of the probate courts in Delray Beach and Palm Beach Gardens are frankly too small to accomodate a probate jury trial
• Next, you have to demand in writing a jury trial
• You can only demand a jury trial on certain matters
• Not all probate or estate matters even with a Palm Beach probate lawsuit filed, gives you a right to a jury trial in Florida or under the Florida Probate Code
• You may end up with a trial by a judge on certain matters and another judge or courtroom hearing the jury matters
• Or, the probate judge, if she or he grants you a jury trial for your Florida estate dispute,may transfer the entire estate lawsuit to the trial division or a judge to run the jury trial
• You need to demand a jury trial for your estate lawsuit at first chance or you waive your right to a trial by jury
• But, perhaps the most important rule, and we can argue about this, and certainly other probate trial lawyers Boca Raton may differ, is that the failure of a probate court to give you a jury trial is not appealable until the end of the trial.
• That’s right, if you ask for or demand a probate jury trial and the probate court in Florida denies that, or what some estate lawyers call striking your estate jury trial demand,you cannot file a petition for a writ of certiorari to the appeals court which hears probate appeals in Florida.
• You have to wait until the end of the trial, and then, if you did not like the result of your estate lawsuit trial, you can file a notice of appeal
• But remember, you have 30 days to file a notice of appeal from a final order or judgment after your probate lawsuit and then, you must raise all, each and every, appellate issue at that appeal
• Oh yes, make sure that you preserved all those issues for appeal during your probate trial Wes Palm Beach
• So, my point?   Since you can’t appeal a denial of a jury trial until the very end of the estate trial, focus, focus, focus, now.
• And focus on a hearing if the other side files a motion to strike jury trial demand.
• You will need to be prepared and argue the law for entitlement to a jury trial in probate and related matters, including fraud, tortuous interference with an inheritanceand undue influence
• You might consider reading:  Jaye v. Royal Saxon Inc., 720 So.2d 214 (Fla. 1998) and a more recent case Walter v. Sunrise Senior Living Services, Inc., issued July 22, 2015, Case 2D15-2467 (Fla. 2nd DCA)