Q: How should I revise this? Is it ok to simply add "or has never been incarcerated" right after "...is confined.."
Court note: The statement regarding Notice to the California Victims Compensation Board must not only address whether any heir or beneficiary are presently confined but also whether any heir or beneficiary was incarcerated in the past. Clarification is needed.
Original: Petitioner sent no notice of the decedent’s death to the Director of the California Victim Compensation or to the Government Claims Board under Probate Code section 9202(b), because no heir is confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
Thank you for the help!
A:
Court note: The statement regarding Notice to the California Victims Compensation Board must not only address whether any heir or beneficiary is presently confined but also whether any heir or beneficiary was incarcerated in the past. Clarification is needed.
Original: Petitioner sent no notice of the decedent’s death to the Director of the California Victim Compensation or to the Government Claims Board under Probate Code section 9202(b), because no heir is confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility.
Revised: Petitioner sent no notice of the decedent’s death to the Director of the California Victim Compensation or to the Government Claims Board under Probate Code section 9202(b), because no heir is confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, or has ever been incarcerated.
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Under California law, when a decedent passes away, it is necessary to notify the California Victim Compensation Board and the Government Claims Board if any heir or beneficiary is currently or has ever been incarcerated. This requirement is in place to ensure that the boards are aware of any potential claims or considerations related to the heirs or beneficiaries.
If you are the petitioner handling the decedent’s estate, you need to verify and disclose whether any heir or beneficiary has been confined in the past or is presently confined. This includes any period of incarceration in state prisons, youth authority facilities, or local correctional facilities such as county or city jails.
To comply with Probate Code section 9202(b), ensure your statement accurately reflects the incarceration status of all heirs and beneficiaries. This means including information about both current confinement and past incarceration. By doing so, you provide the necessary notice and avoid any legal complications.
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