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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2618
Experience:  Helping you with your legal questions.
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By sending a copy of this form to the court is that

Customer Question

by sending a copy of this form to the court is that considered filing this request for service with the court clerk?
JA: Is this a civil court case or criminal court?
Customer: probate
JA: What documents or supporting evidence do you have?
Customer: i received a petition of administering estate for my father who recently passed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure
Submitted: 10 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

Who is petitioning the estate to become the administrator? I am presuming there is no will. Did you receive a notice or citation to appear in court? What exactly is it you received?

Customer: replied 10 months ago.
I think there is a will but not sure. I received a " Notice of petition to administer estate of" my father. Step sister filed the petition for probate.
Expert:  Damien Bosco replied 10 months ago.

Okay. That sounds like there could be a will. Is there a date for you to appear in court? Is there an attorney listed on the Notice?

Customer: replied 10 months ago.
the date is 11-17-16 in san bernardino. attorney is Frederick Henning.
Customer: replied 10 months ago.
The form i received is DE-121
Customer: replied 10 months ago.
Im thinking of sending form DE-154 but not sure how to fill it out or the timing needed before 11-17-16
Expert:  Damien Bosco replied 10 months ago.

Are you able to attend in person the court date?

Customer: replied 10 months ago.
I was planning on it but not sure. I'm in az and the hearing is in ca.
Customer: replied 10 months ago.
Also, my dad resided in TX but did have a property in CA.
Expert:  Damien Bosco replied 10 months ago.

You would appear in person if you want to object to the probate of the will. Since you did not get a copy of it, you can attempt to get a copy from the attorney. If the attorney will not provide you one, or you cannot get in touch with the attorney, you can attempt to call the court to see if they will send you a copy of the will. If your dad lived and died in Texas, then the usual scenario is that the proceeding should first be opened in Texas; and an ancillary proceeding in California. If you have no objections, then you do not have to do anything. We can discuss more if you would like to do so.

Customer: replied 10 months ago.
ok thanks
Expert:  Damien Bosco replied 10 months ago.

You are welcome.