It depends on which state you live in. In Texas, contesting a will is just like any other civil trial, e.g., the Texas constitution gives you the right to a jury trial. If you file a will contest in some other states, like Ohio, you may not have a right to a jury trial. Apparently, in Ohio, the probate judge acts like judge and jury. While the probate judge has the right to empanel a jury, he doesn’t have to and the parties don’t have the same state constitutional right to a jury trial as Texas litigants have. CA2013-07-019, CA2013-09-026.
Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.