Q: I'm in the military, and gone allot, my girlfriend was served for a court case for me about a will, is this proper ?
My grand father passed, had a will made, now his 2nd wife wants me to waive my rights, had me served while I wasn't home, can I be served when not present?
A: Yes, you can be served when not present, provided the person who accepted service lives at the home with you. However, if you are gone for the military and your step-grandmother knew that you were unlikely to be home and be unable to adequately respond due to your military duties, then you may be able to challenge proper notice, or in the alternative, get an extension to file a response. Talk to an attorney in the county the will is filed, preferably someone who also handles military law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.