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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11470
Experience:  Licensed Texas General Practice Attorney
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1) My sister has been in hiding and have never told anyone

Customer Question

1) My sister has been in hiding and have never told anyone her residence. We are suing her for fraud regarding my father's estate and as an executor son de tort.

She has been in a recent car accident, and is duly represented by a lawyer, whom I found out the lawyer's name and office address in the SF court records.

My question is: Can I serve my sister with summons, through her lawyer? (e.g. certified mail, server,etc.)

2) Can I sue my sister for fraud, mismanagement and negligence in SF small claims court?
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

While you can "serve" the lawyer with the summons, this is not a legal form of service if the lawyer is not the lawyer for this particular cause of action (in that it won't stand up to a challenge on the service of process).

ScottyMacEsq :

IT could give your sister actual notice and knowledge, but it would not constitute legal notice.

ScottyMacEsq :

If you could not find her address, you could still sue and seek an "alternative method" of service (such as publication).

ScottyMacEsq :

That, along with the fact that she would have actual knowledge, would then stand up to a challenge.

ScottyMacEsq :

As for small claims, assuming that the case with the probate court has been closed, you could sue in small claims court. If the probate is still open, you would need to bring a case for mismanagement, fraud, breach of fiduciary duties, etc... in the probate court.

ScottyMacEsq :

In small claims court, your limit would be $10,000 that you could seek.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you for your response. No probate court case is pending nor was ever was filed. Can I just directly sue her SF small claims court for mismanagement, fraud, breach of fiduciary duties?

ScottyMacEsq :

Yes.

ScottyMacEsq :

Since there is no court order saying she's the executor, this could be in the jurisdiction of small claims, if the amount claimed against her is under $10,000.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

Lastly, do I ask the SF Small Claims court permission for "publication" as I file the case? Or do I file the permission for publication separately filed for a judge to grant me

ScottyMacEsq :

Typically they'll have the forms when you file the case. You're going to have to swear that you don't know the actual address of the individual, and that you've attempted to find her.

ScottyMacEsq :

You can give the last known address, and ask the judge later on for substitute service of process.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Okay, thank you. This was very helpful.

ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11470
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello,


 


Good morning. I am hoping that you could answer another question.


 


Does the SF Small Claims Court allow several named Plaintiffs (my siblings and myself) in a single filed case against my sister? Or, do I file just by myself and have my other siblings as my witnesses?


 


I appreciate the kind help.


 


Sincerely,


Ruby

Expert:  ScottyMacEsq replied 1 year ago.
You can do it either way. That is, you can have your siblings as co-plaintiffs, or can sue individually and call them as witnesses. Ultimately it would be up to them as to whether they would want to sign on as plaintiffs or not. You can't "represent" them against their will. They can only be plaintiffs if they willingly choose to be.
Customer: replied 1 year ago.

I appreciate the help.


 


Thank you,


Ruby

Expert:  ScottyMacEsq replied 1 year ago.
You're welcome, and again, good luck to you!
Customer: replied 1 year ago.
Hello,

Since my sister has been in hiding and have never told anyone her residence, but we would still want to give her opportunity to respond to our Letter of Demand.

1) Can I USPS mail her the Letter of Demand "care of" (c/o) her current lawyer who duly represents her in a car accident, whose name and office address I discovered in the SF court records?

2) Is there anything illegal to the means of USPS mailing my sister through her lawyer?

3) Would I be free of any wrong doing by doing such?

4) Would this give actual knowledge on my sister's part regarding our Letter of Demand?

5) Does the SF Small Claims court provide particularly the "alternative method" of service (such as publication)?

I appreciate your kind help.

Sincerely,
Ruby
Expert:  ScottyMacEsq replied 1 year ago.

1) Can I USPS mail her the Letter of Demand "care of" (c/o) her current lawyer who duly represents her in a car accident, whose name and office address I discovered in the SF court records? - Yes, you can, but this does not have any "legal" effect if the attorney is not her appointed attorney for this matter. It could give her "actual" notice, but not "legal" notice of the matter.

2) Is there anything illegal to the means of USPS mailing my sister through her lawyer? - Of course not. But it doesn't have any "legal" effect.

3) Would I be free of any wrong doing by doing such? - Yes. It's not a private matter (since you're free to discuss it with other individuals) and you are acting in good faith that this individual is representing your sister.

4) Would this give actual knowledge on my sister's part regarding our Letter of Demand? - Not necessarily. It could be that this lawyer does not know where she currently is located, although if he does and gives her that letter, that would be actual notice.

5) Does the SF Small Claims court provide particularly the "alternative method" of service (such as publication)? - You would have to ask them that, although I believe that they would.
Customer: replied 1 year ago.
Hello,

I appreciate your taking time to answer my questions.

Sincerely,
Ruby
Expert:  ScottyMacEsq replied 1 year ago.
You're welcome, and again, good luck to you!

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