Estate Law Questions? Ask an Estate Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
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).
IT could give your sister actual notice and knowledge, but it would not constitute legal notice.
If you could not find her address, you could still sue and seek an "alternative method" of service (such as publication).
That, along with the fact that she would have actual knowledge, would then stand up to a challenge.
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.
In small claims court, your limit would be $10,000 that you could seek.
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!
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?
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.
Did you have any other questions before you rate this answer?
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
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.
You can give the last known address, and ask the judge later on for substitute service of process.
Okay, thank you. This was very helpful.
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.
I appreciate the help.