Laci's things in tug of war

The Modesto Bee ^ | May 31, 2003 | Garth Stapely and John Cote'

[Rusty Roberts]

I was reading another forum, and I knew that Jackie had given two children away for adoption, I believe by the time she was 19, but does anyone know if this other is true? If so, it might help explain why the siblings are not speaking out for Scott, that we see the sisterinlaw most of the time, but hardley ever the actual sister or brother. Is Scott the only child Jackie ever raised?

Jackie was single and pregnant with Scott, her fourth illegitmate child, at the same time Lee's wife was also pregnant with his third child. Lee left his wife and children and married Jackie. Jackie had given away her previous children. Jacko has nerve to show her face anywhere.

[Swordmaker]

The house and all its contents belonged to the husband and wife. If the wife dies, it belongs to the husband 100 percent, including the right to determine who goes in there.

I must agree with you. Laci and Scott owned that house and the property in joint tenancy as part of their community property. Laci's interest in that property is vacated and it becomes Scott's at the moment of her death. However, there is one caveat that must be considered... and I am not certain how it affects this case. In California a convicted murdered is not permitted to inherit any of his victim's property. At this point in time, Scott has not been convicted so the property MUST, by law, be his. When and if he IS convicted, he cannot inherit. But this property was held in joint tenancy... and the laws of inheritance may not apply.

This brings up interesting questions. Can Scott convert the joint assets and utilize the funds in his defense? If his defense costs are such that his assets are completely exhausted and he is still convicted, it would mean that Laci's assets were used to defend her killer... and her heirs, her parents and siblings, would be left with nothing. Does the court freeze the joing assets? Can Scott only spend half of the assets on his defense?

[RGSpincich]

Can Scott convert the joint assets and utilize the funds in his defense?

According to a Stewart Title Co. spokesman, it is virtually impossible to get title insurance on the home as it stands now. So conveying, liening or transfering the house is out. Unless he finds a party who is not worried about the cloud of title.

Title companies look at the cause of death on the Death Certificate and if there is a question with regard to the surviving spouse they refuse to issue title insurance until the matter is resolved, according to the spokesman.

[cherry]

you know, Sac...that is an interesting point about the rings...

what if we knew for sure that it was SP who ENCOURAGED Laci to get the rings combined in a new setting?....hmmmmm......maybe it would be more convenient for him then, you think?

[Swordmaker]

I repeat, unless Laci left a will, Scott is her sole heir. If he is convicted of murder, he is still her heir.

This is not true. In California, a convicted murderer may not inherit anything from his victim.

[RGSpincich]

Here's a little more info on the subject.

link

The title is in both names: Scott's and Laci's.

Generally speaking, in a joint tenancy, when one of the joint tenants dies, the property is divided up to the surviving tenants, said Dewey Weiford, Stanislaus Division president of Stewart Title of California. "However, the surviving joint tenant cannot be the cause of the deceased's death," he said.

Weiford noted that if a death certificate lists the cause of death as unknown or involving violence, the title and sales process is halted and the situation investigated.

Under the state Probate Code, if a joint tenant feloniously and intentionally kills another joint tenant, "the killer has no rights by survivorship."

[Swordmaker]

I am a California attorney, but not a probate attorney. Most couples own their house jointly, which means that upon the death of a spouse, the other owns the house as their sole property. It does not go through probate.

THANK YOU! That is my understanding also.

What HAS happened here is that the actions of the Modesto Police Department and the Stanislaus County DA have made abundantly clear that the case must be granted a change of venue. By standing idly by while allowing the victim's family to invade the property of and take possessions currently belonging to the accused defendant, the police and DA have demonstrated the community is irretrievably tainted as far as a fair trial for Scott Peterson is concerned.

I suspect that the inflamatory nature of the deliberate leaks on the autopsy have now had their intended effect.

[oceanperch]

Excellant I have been trying to convey that all day but unable to.

So if you get an educated answer please ping me. THanks.

[oceanperch]

I look through some of my NE with Laci's house and could not tell if she had rings on maybe someone has back issues they could check out.

I was looking at the house pics and couldn't see an alarm system near the front door or in any other pics. so I was wondering when the alarm was put in.

[bigj00]

I think your the only one on here, besides me, who isn't ready to stick the needle in Scott's arm.

As for the rocha family, what gives them the right to break into someone else's house and STEAL their property?

It says they took the baby crib and a rocking chair and other funiture.
Why are they entitled to the baby crib?
Conner, what a yuppie name, was the Peterson's grandson to.

[Swordmaker]

Apparently, similar to the laws of inheritance, the "right of survivorship" in a joint tenancy deed is broken if the survivor caused the death or the other tenant.

[oceanperch]

Remember his country club paid him $25,000 to kindly give up his membership.

[cherry]

"I think your the only one on here, besides me, who isn't ready to stick the needle in Scott's arm."

don't lump me in with that "needle in the arm" bunch.....I'd rather him be hanged....

btw....don't you have someplace else to go?.....like an institution?....(heard that on public tv....)

[Sandylapper]

Jackie was single and pregnant with Scott, her fourth illegitmate child, at the same time Lee's wife was also pregnant with his third child. Lee left his wife and children and married Jackie. Jackie had given away her previous children. Jacko has nerve to show her face anywhere.

Very interesting, if true, Rusty! Er uh, does this mean that Scotty almost has a twin half brother? Just wondering....if the above is true, was the half brother who is almost the same age as Scott, the one Scott was trying to look like? I mean, like when he was caught with the "chorine" blonde hair and beard/goatee.

[Devil_Anse]

I'll bet Geragos was just playing "musical agreements" with the Rochas and their representative(s). The old runaround. He seems to be a master of it, on all levels.

[Devil_Anse]

Funny how one can become an expert on all that's been reported in this case--in a mere five minutes. The rest of us are just slow: we had to read the media reports since December, and we still don't know everything that's going to happen.

[Devil_Anse]

Geragos? Stonewalling? Giving someone the runaround? Why, who'd have thought??

[Devil_Anse]

Good thought! Thank goodness Amy saw the couple so close to the time of Laci's "disappearance". Amy knows a thing or two, for sure. Can't wait to find out all she knows.

[Devil_Anse]

Hmmm! Now THERE'S a point! The Rochas being convicted of theft w/o a trial! I call that trying a case in the media! Oh, and we all know THAT is strictly for "little minds".

[Devil_Anse]

The Rochas have now been convicted of theft? Due to media reports? Gee, whatever happened to the presumption of innocence?

OHHHH... I forgot! The presumption of innocence is only brought up when the high-minded reprimand the low-minded for assuming Scott did it.