Are you speaking for your state, or the state of California? And if the latter, are you an attorney? I ask because some California attorneys on FNC insisted otherwise--that the house is not in fact owned by Scott until this case is decided one way or the other. If he is found guilty, they say, the house will go to Laci's heirs, probably her parents.
Exactly.
And the Rochas attorneys contend that because there is no death certificate, the Rochas have just as much right in that house as do the Petersons, regardless of their POA; Scott CANNOT benefit from a crime he committed.
There may be a rule that property that goes through probate cannot be inherited by the murderer, I don't know. I know there is a law that prevents murderers from receiving the life insurance. However, if there was a law that applied to inheritance, it would give a right to the next in line of inheritance to object to Scott's inheriting the probated property, such as the personal effects that belonged to both of them. The probate court would decide the issue, holding the matter in abeyance until the criminal trial was over, and then issue a ruling. Only THEN would someone other than Scott have a right to collect those items.
If Geragos wants to be a jerk, he can go after the Rochas for return of everything they took, and he should be able to get a court to issue an order that they do so. He ought also to consider filing a claim for damages against the police who let it happen in front of them. They failed to fulfill their duty to protect the private property of a citizen who has not yet been convicted of a crime.