Legal Question in Wills and Trusts in California
Grandmother died intestate in California
My uncle's lawyer contacted all of us to get us to waive our rights. I responded with questions but did not sign. I discovered on the docket that tomorrow is a hearing, but I was not served notice. CA Probate rules say to serve and publish both, right? Was just publishing ethical when he had our contact info?
4 Answers from Attorneys
Re: Grandmother died intestate in California
No. Take up the matter with the court that can fix the problem.
Re: Grandmother died intestate in California
Go to the hearing and tell all this to the judge.
Re: Grandmother died intestate in California
If an attorney knows the address of an individual and has a duty to service them, he must send the papers to the address where they are most likely to be found. Sewer serve [intentionaly serving a place you know the party will not be at]is unethical. You need to file a request for special notice and track the case. If nothing occured that harmed you or your siblings, there is no need to complain yet to the court, but ask the uncle'attorey why he is acting as he is. Is your uncle the administrator of the Will? If he refuses to treat the heir fairly you may have to file a motion to have him removed [but the next administrator could be worse].
Good Luck.
Re: Grandmother died intestate in California
It's best not to argue notice when you actually know. Go to court and state your objections to the proposed action. Ask for a continuence if you need more time to sort it out. Let the court know you weren't given notice and ask the judge to instruce the attorney to put you on the service list.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
