Legal Question in Wills and Trusts in California

I asked a question earlier but I wasn't clear I think of the information I had given so I'm going to ask again. I sent out a DE-121 to my siblings and 2 didn't return there Documents, Notice Of Petition To Administer Estate. I recently went to court and the Judge mentioned requesting a Probate Bond for the 2 siblings that didn't return the notarized DE-121. If I have the receipt of where the Documents were sent registered mail can I submit that to the Judge? I can't afford a Lawyer and the case has already filed.


Asked on 1/25/13, 12:50 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

First of all, DE-121 does not require notarization, and there is no obligation to return anything in response to the Notice. A complete proof of service of mail on the original form is all you need to prove that you mailed it to your siblings -- I doubt the registered mail receipts will add much.

If the judge wants to order a bond, it probably has to do with something other than your siblings' lack of response to the notice. I have had judges order bonds when they technically were not required.

I realize that lawyers are expensive, but it sounds like you need some help here. The lawyer's fees usually come from the estate, which essentially means that all beneficiaries share in paying them. Some lawyers will negotiate the fees below the maximum rates set by statute.

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Answered on 1/25/13, 1:06 am


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