Cathedral City, CA asked in Probate for California

Q: My aunt intentionally served notice of hearing to wrong address and obtained my mothers property illegally. What can I d

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James L. Arrasmith
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A: In California, if you believe that your aunt intentionally served notice of a hearing to the wrong address, resulting in the illegal acquisition of your mother's property, there are steps you can take to address this situation.

First, it's important to gather any evidence that supports your claim, including documentation of the correct address and any evidence that shows the notice was intentionally sent to the wrong address. This evidence will be crucial in any legal proceedings.

You may consider filing a motion to set aside the judgment or order that resulted from the hearing. This motion is based on the argument that the judgment was obtained through fraud or mistake, as the notice of hearing was not properly served.

In filing this motion, you should detail the specific circumstances, including the intentional misdirection of the notice and how it prevented your mother from defending her interests in court. The court will review the case and determine whether the judgment should be set aside due to improper service.

It is also advisable to seek legal advice from an attorney who has experience in property law and civil litigation. They can help you understand your legal options and the best course of action in your specific situation.

Taking legal action can be complex and time-consuming, but if your mother's property was obtained illegally, it's important to assert your rights and seek to correct the situation through the legal system.

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