Legal Question in Wills and Trusts in California
Do I need to attach a copy of the letter I sent to the FTB giving notice of my mothers death as a separate exhibit in my Petition for Distribution? I have it saved on my computer but I dont't have a photocopy of the one I actually sent.
Also, once this Petition is filed. How does the court "confim" everything I have stated in it. that she didn't receive medi-cal, that all fees and debts have been paid, that taxes aren't due, that funds were in interest bearing accounts etc.? Aside from the notices that were filed specifically with the court. Will I have to give specific documented proof of each of the things or does the Petition and my signatures do this?
2 Answers from Attorneys
You don't need to show the actual letter. Proof is generally done through a verified declaration that the facts as stated in the petition are true. You then sign under a statement of penalty of perjury.
Greetings. No, you do not have to show the actual letter. Scott Jordon summed this up when he said proof is complete through verfied declaration that the facts as stated in the petition are true.
The reason for this is because when you sign something under a statement of penalty of perjury, that is the biggest "signature" you can ever make. Perjury is just about the worst crime in paper law that you can attempt so they are taking your word for it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
