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Calling all attorneys ! How difficult is it to represent yourself 'pro se' in a court of appeals with a jury?


I cannot find an attorney who will help me obtain my inheritance after 2 years of trying. This is a "small town" and it seems all the lawyers know each other, and work together to "stall" as long as possible. I have been to Probate hearings 3 times with no help. I feel I will be more successful filing an appeal in another court, and am considering requesting a jury trial. The problem is I have already spent thousands on attorneys who have done little or nothing for me. I don't understand how the estate attorney can legally withhold my inheritance from me, and no attorney will answer that question for me. I am so angry that the legal system is so corrupt that it allows what my Mother left me to be "eaten up" by the estate attorney who sat across the table from her and wrote out her Will. If I sit back and do nothing, I am convinced I will absolutely not get one penny. What do I do?

I agree with Richard. There are no juries in appeals hearings.

You have not presented a statement of facts with your question, so it is difficult to propose an answer. We just know that you are angry about something related to your mother's estate and that you feel that you did not receive proper representation.

You will not be able to get a probate court in any other county to hear your case because the court of the county in which the decedent had her domicile has jurisdiction.

You have stated that the present estate attorney is withholding your inheritance from you. Could it be that the inheritance was left "in trust" for you and that you are trying to break that testamentary trust? The courts are bound by the "four corners of the will or other testamentary or trust documents" -- just because you are a family member does not mean that you can overturn your mother's testamentary intentions. Could it be that you only have a life income interest in the estate, with the principal going to a different beneficiary? Or could it be that you have to fulfill certain requirements or conditions precedent in order to have your distribution?

You have two choices if you don't trust the attorneys in your town:

(1) go to the county law library and learn the law and procedure, and ask for another hearing on your petition if the court will allow it; or

(2) bring in an attorney from an ajoining county to represent you.

There is no jury in a court of appeals. The job of a jury is to decide questions of fact.

At appeal, the issues are not the facts, but the law. These questions are decided by a judge, not a jury.

Richard

asuming no motion in limne by some rogue atty, it;s generally prima facia case.
but you seem to knwo alot abt this so, i digress

This may be of interest:

http://www.associatedcontent.com/article...

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