To: Jackie-O
No death Certificate has been issued yet, and until the trial is over, that house is Scott's, but if he is convicted of killing his wife, it will be turned over to Laci's heirs. Not true. The house is Scotts, as his sole property, now that the other joint owner is dead. The certificate does not make it his, her death does. The certificate is only one form of evidence of her death.
A convicted murderer does not forfeit his property. Laci's heirs will have to sue Scott for wrongful death, and win, and then collect on the judgment by foreclosing the house, before they will gain possession of the house. The auction must be held in a commercially reasonable manner, to maximize the amount received so that the judgment can be reduced by that amount. Someone will come along and pay a lot of money at the auction for the house. The Rochas will likely never own that house.
389 posted on
05/31/2003 4:48:01 PM PDT by
Defiant
(Bush as philosopher: "I-raq, therefore I-ran.")
To: Defiant
See spectre's post #342...this is what I was trying to say but the talking head attorney's said it better... ;0)
395 posted on
05/31/2003 4:59:20 PM PDT by
Jackie-O
(I would love to sit in on the next LKL!!!)
To: Defiant
"A convicted murderer does not forfeit his property. Laci's heirs will have to sue Scott for wrongful death, and win, and then collect on the judgment by foreclosing the house, before they will gain possession of the house. The auction must be held in a commercially reasonable manner, to maximize the amount received so that the judgment can be reduced by that amount. Someone will come along and pay a lot of money at the auction for the house. The Rochas will likely never own that house."
Now that sounds logical here of what you say...Thanks....;o)
458 posted on
05/31/2003 6:53:58 PM PDT by
runningbear
(Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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