QUESTION

Do i have to answer someone who is trying to serve my parents with a law suit.

Asked on May 09th, 2019 on Litigation - California
More details to this question:
One of my parents is dead, the other is out of country and not mentally capable to understand or communicate or travel. Needless to say they have not been served, mail has been delivered but not signed for or received in person. do i have to answer for them?
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1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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I am assuming you are not the conservator for your living parent since they are out of the country.  You are under no obligation to answer for that parent.  Is the person attempting service trying to sue the deceased parent as an individual?  If so, they can't, and you have no obligation to answer.  If they are trying to sue your deceased parent's estate, and you are the executor, you should consult with a probate litigation attorney as to how you should proceed, as there are special rules that come into play in that circumstance.  A process server may also attempt to sub-serve them by visiting your home 3 times and then serving you in person and then mailing a copy afterward.  You may want to get the name of the law office that's trying to effect service and tell them the situation.
Answered on May 13th, 2019 at 9:41 AM

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