Q: Do I have to notify the prison or victim program if he isn’t receiving any thing from the estate?

A: I would put Victims Comp on notice just to be safe. Plus, of course, your brother is entitled to notice too. Always better to over-notice in my opinion.

A: First, all heirs, including your brother must receive notice of the probate proceeding if there is no trust and if there is a trust he has to be notified in writing of the change of trustees. That notice would also tell him that he is entitled to a copy of the will and trust involved which cuts him out as beneficiary.

Second, if he is provided with a copy of the trust eliminating him then he has 120 days to file court papers to contest that. One has to look at the papers/will that keeps him from being a beneficiary to see if it is worded correctly according to law. if it is a probate and he is not listed in the will then same question but he may have more than 120 days to contest. The executor/successor trustee should retain legal counsel to determine just what the brother's rights are, if any.

Third, the estate or trust should not be distributed for at least 120 days after the father's death and all debts and taxes have to be paid before anything is distributed. Again, a probate/estate attorney should be advising on all of this so that the executor/trustee is in compliance with the law. One would not want the estate/trust to be all distributed and then years later when the brother gets out of jail for him to be filing lawsuits against the other heirs who received estate distributions.

A: Dear Castro Valley:

California Probate Code § 9202, requires notice to the Victim's Compensation Board ". . . if the general personal representative or estate attorney knows that 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." Notice must be given within 90 days of the date letters are issued to the representative (or the date they gain knowledge of the confinement.)

There is no exception if the heir (or beneficiary) receives nothing from the estate.

You will need to recite compliance (or reason for non-compliance) in your Petition for Final Distribution. This is a pleading signed under penalty of perjury. Falsely stating you complied or that you did not need to comply, places your at risk for criminal prosecution for perjury.

I suggest that you work with your attorney on this matter, or obtain legal representation if you are attempting a probate without counsel. Probate law is complex and contains many pitfalls for the unwary. And, the representative may incur personal liability for a mistake or misstep.

If you do not know where to find an attorney, try your local county bar association. Most provide referrals to an attorney who provides a consultation for a small or no fee.