Q: Brother is in prison He’s not named a benifisuary As a heir can he be served by mail and do I have to notify the prison
A:
Dear Carmichael:
California Probate Code section 9202(b) requires that the estate representative notify the California Victims Compensation Board within 90 day from issuance of letters is if ". . .[an] heir or beneficiary is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. "
The fact that he is not a named beneficiary does not relieve the representative from this obligation.
The Board's web site on the issue if located here: https://victims.ca.gov/restitution/probate.aspx
As I recall, you can complete mail service on an inmate for the purposes of service of notice. As the incarceration of an individual can complicate administration, I recommend that you speak with an attorney about the exact details of your matter. If you do not know where to find an attorney, I suggest that you try your local county bar association. Most California County Bar associations provide lawyer referral services which provide a consultation with a qualified attorney for no or a nominal fee.
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