Bloomington Springs, TN asked in Civil Litigation for Missouri

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?

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1 Lawyer Answer

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.

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