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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37074
Experience:  Texas lawyer for 30 years in Estate law
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This question is regarding an adult grandchild wanting to

Customer Question

This question is forCustomerregarding an adult grandchild wanting to contest the will but doesn't know where the wife of the Q-tip trust is. I need to post this as a new question for my employer and I need to phrase this so that his real questions get answered.
If the wife of the Q-tip trust leaves the country to avoid being served even though she receives income from the trust and the grandchild can find out where the money is sent to her every quarter.
My employer wants to know: 1) after the grandchild documents his attempts to locate her and writes to her at known address, verify that checks were sent there, then what happens?
2) my understanding is that the adult grandchild has some serious issues and the family doesn't want him to have access to the money which could make things worse. The family might want to stage this to have the wife of the Q-tip trust out of the country. Is there a way they can accomplish their goal?
Thanks,
Submitted: 6 months ago.
Category: Estate Law
Expert:  RayAnswers replied 6 months ago.

Hi and welcome back to JA. Ray here to help you today.

You would need to document your attempts to locate her and motion for alternate service.This is usually done by newspaper publication once granted.You write to her at known address, verify that checks were sent there, etc.

9 Jun 2016, 1:44 PM

Me

http://www.lacourt.org/forms/pdf/LACIV108.pdf

There are several alternates here, service by certified mail here ro fed ex overseas or publication.

Here are those.

Since you have valid address I would consider service by certified mail first.

http://www.courts.ca.gov/selfhelp-serving.htm

Service by Mail
In "service by mail," someone – NOT a party to the case – must mail the documents to the other party.

For “service by mail”:

  • The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed to the owner(s) at the business’s main office. If the business has an agent for service, the papers should be mailed to the agent for service. Learn more about serving a business.

     

  • The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they were mailed from. The server signs the Proof of Service and returns it to you to file in court.

     

  • Service by mail is complete 5 days after the papers are mailed.
Expert:  RayAnswers replied 6 months ago.

Step by step to try service by publication.

https://www.avvo.com/legal-guides/ugc/tips-for-obtaining-a-court-order-to-serve-by-publication-in-california-civil-cases

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 6 months ago.

i sent you an offer here for unlimited chat, be happy to keep answering your questions until done, thanks

Customer: replied 6 months ago.

I'm sorry to say that you didn't not address my 2nd question. What if the family want to stage this and have the grandmother out of the country so the adult grandchild could not contest the will and could not access the money which the family believes it'll make his condition worse? How can they accomplish their goal?

Expert:  RayAnswers replied 6 months ago.

They can file it and serve it when they choose here if they want to wait until she is out of the country thats possible and serve her by mail or publication if necessary.If she is an heir here or trustee she has to be noticed but you decide when the tile is best to do that here.

And grandchild may not have the ability to hire lawyer to contest or prevail.Most will contests/trust contests are not successful you have to prove undue influence or lack of capacity and this can be hard to prove especially if a lawyer prepared the documents and are available to testify here on these issues that there was free will and capacity.

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