What do Florida Will Contest Lawyers Need to Know About Jury Trials in Florida Probate Courts?

Do you get a jury for a probate lawsuit? Florida probate litigation can  be complicated and the answer is, well, it depends. When can your Florida probate lawyer get you a jury trial? Check out this recent case out of the Supreme Court of Nebraska to learn why a probate judge may be able to take the role of the jury in certain cases.

Probate Trials and Juries

• Florida probate litigation has a limited role for jurors.
• Often time after watching an episode of law and order people think that juries act as a judge.
• That is not the case.
•  Florida probate lawyers know judges decide law and juries decide fact. Who decides which is which?
• That is where probate attorneys Florida know, it can get complicated.
• Estate attorneys Florida will make arguments for both sides depending on what is advantageous.
• But when do you get the rights to the jury trial?Florida estate attorneys know that when there is no issue of fact you are not going to get to see the jury.
• Do you know how Florida estate lawyers determine whether or not there is an issue of fact?
• If you can prove issues of fact in the probate lawsuit you will be entitled to a jury.
• The jury will decide what the facts are.
• Check out this recent case out of the Supreme Court of Nebraska.
• Ask yourself, should these litigants have gotten a jury trial in probate court?

In re Estate of Clinger

• Florida estate attorneys know that it can be fatal when the court determines you are not entitled to a probate jury trial.
• Do you know what a directed verdict is?
• It would be best to start with what exactly a verdict is.
• Judges make findings and write orders but juries make verdicts.
• Interestingly, a jury does not make a directed verdict, a judge does.
• A directed verdict is when the Florida probate judge orders the verdict because it finds that no reasonable jury could find any other way.
• In other words it takes the decision away from the jury. 
• Is this good or bad for your Florida probate lawsuit?
• Probate lawyers Florida know, the answer is that it depends.
• Here, this left the Plaintiffs without a chance to win their will contest.
• What did the Defendants do to prove to the judge that the case did not belong in the hands of the jury.

Want to learn more?

Check out the entire case by clicking here.

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