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To: Howlin
You don't lose your property interest in your half of the community property just because you've been accused of murder.

The provisions in the Probate Code (section 254) say that their either has to be a final judgment of conviction of felonious and intentional killing, or a special judgment on preponderance of evidence for the purposes of inheritance with the burden of proof on the requesting party, in order for Scott to be barred from any inheritence through a will or intestate succession, or any property interests in community property.

Unless there was a special arrangement otherwise, Laci's estate has a half-interest in the wedding ring and other such items, and Scott has the other half.

210 posted on 06/02/2003 2:50:05 PM PDT by mvpel (Michael Pelletier)
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To: mvpel
Isn't the community property in a legal limbo because of the charges? While he has 50% interest in any case barring gifts or inheritance,he may not dispose of anything? What are the chances of filing wrongful death in civil court before trial?
211 posted on 06/02/2003 3:03:16 PM PDT by MEG33
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To: mvpel
In back track reading of this thread, I see you already posted the link to the Probate Codes.

I found Section 255 of interest.

272 posted on 06/02/2003 5:24:13 PM PDT by Spunky (This little tag just keeps following me where ever I go.)
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