Juries Deciding Trust Cases

Right to a Jury Trial in an Indiana Trust Contest

Curtis E. Shirley's Article on Juries Decide Trust Contests

Although there have been efforts to overturn the right to a jury trial in matters of will contests, the Indiana Supreme Court has sustained that right. Will contests can be brought before a jury if that is requested by the plaintiff. The right to a jury trial in a contest involving a trust is less clear. Despite this lack of clarity about jury trials, wills and trusts are usually treated in the same way. For example, plaintiffs have the same time period to file a contest with the probate court. The standard of mental capacity of a testator is defined similarly. Yet, the matter of a jury trial in a trust contest in Indiana remains unresolved.

Attorney Shirley Argues for the Right of a Jury Trial in Contested Trusts

Indiana attorney Curtis E. Shirley has argued that most trust instruments should be treated like a will relative to the right to a jury trial in trust contests. To discuss a trust contest with Mr. Shirley, contact his Indianapolis law firm, The Law Office of Curtis E. Shirley.

Experienced Trust Litigation Lawyer

It is not surprising that Mr. Shirley has authored an article on trust contests and jury trials. He has extensive experience in matters of estate litigation, including trust contests, and is the best-known estate and wills and trusts dispute attorney in Indiana. Attorneys needing experienced co-counsel in a trust contest, as well as individuals and families, come to him with complex estate litigation matters. To learn more about trust contests and the possibility of a jury trial, contact Mr. Shirley at his Indianapolis law office.