Q: Confused about the meaning of who is a "party of this cause"
I want to file a Request For Special Notice (Form DE-154) for a probate case in Los Angeles, California. I'm confused about statement #1 in the Proof Of Service By Mail part. It says "1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred".
My question is whether or not I can have my husband mail the form. The inheritance is for me from my cousin on my father's side. Would my husband be considered a party of this cause because we are married even though his name is not on the list of heirs?
A: No, your husband is not a party to the cause if he’s not a beneficiary or an heir to the estate, or otherwise has an interest in the outcome of the case. Marriage by itself does not make him a party to the cause. However, that being said, you would be advised to find an independent person in case of future litigation concerning the service of process. You don’t want to get your husband involved in your litigation if you can avoid it. Just the loss in time at work by him if he were called to testify about the service of process would convince you that it’s better to keep him out of your litigation.
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