Legal Question in Wills and Trusts in Georgia
A lawyer said I had to respond to him by Oct. 27 or they will take matters. However, the stamp says the letter wasn't mailed until Oct. 28 and I received it Nov 2. Is this legal?
1 Answer from Attorneys
Asking if something is "legal" is not the right question If it is not a defined as a crime, it is not illegal. So that is not your question. Your question is whether you were properly served and whether your time to file a formal response has expired. To answer that question, any lawyer would have to see the document and know something about the case.
Generally, service of a document is governed by the state rules of civil procedure. If the rules are violated, its not a crime. But you have to object to the violation and make them serve you with proper notice and a chance to respond. The letter or document you received, would have a certain time to respond. The date to respond is usually from the date that you received the letter/document. If it was sent via certified mail then either you or your "agent" (like a spouse or person sharing your living quarters) would have signed for it.
However, there are several things questionable from your post. First, who is this lawyer? Why is he or she speaking to you on the phone? If its not your lawyer talking to you , then maybe you need to have a lawyer you pay for consult with you about your legal matter. Most opposing counsel do not talk to unrepresented parties over the phone. They deal in written letters. And they don't make verbal ultimatums that do not give you a chance to respond within the prescribed time limits.
And what legal matters are they threatening? A lawsuit? So what? If they sue, you get a lawyer and defend. I cannot tell from your post whether the party suing or threatening suit would have a legal basis or whether you have a defense. That is why you need to contact a lawyer.
You posted this as a probate matter. If this is correct, who died? When? Where did the person live? Did he/she have a will? Are you named as a beneficiary? Or did the deceased have some kind of contractual relationship to you? If this is not a probate matter, what is it? If the former, you need to see a probate litigation lawyer who practices in the county/state where an estate is or will be probated for the deceased. If some other kind of issue, you need a lawyer who handles the types of matters that will be the subject of the lawsuit if it goes that way.