Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: All; RGSpincich; Howlin; Jackie-O; runningbear
253.In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of the killing of the decedent shall be treated in accordance with the principles of this part.

RGSpincich, I read the above section, 253, to mean (any situation that is not covered) in Section 250,251, or 252 shall be treated in accordance with the principles of those sections.

Therefore, I still believe the following section would apply

254. (a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part.(b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part. The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part.

Therefore the above part a final judgement does not affect the rights of someone who purchased the property from the killer.

255. This part does not affect the rights of any person who, before rights under this part have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this part, but the killer is liable for the amount of the proceeds or the value of the property.

IMO since California is a community property state and regardless if Scott killed Laci, half of the property still belongs to him.

What would be the point in not allowing him to sell it now? Laci's half would still go into probate so Scott will not benefit from it no matter if it is sold now or after he is convicted.

In the long run half of the estate is still his.
Are there any California lawyers out there who can interpert the exact meaning of these codes for us?

379 posted on 06/02/2003 7:06:29 PM PDT by Spunky (This little tag just keeps following me where ever I go.)
[ Post Reply | Private Reply | To 307 | View Replies ]


To: Spunky
Yeah, I could read it that way, too.
384 posted on 06/02/2003 7:14:03 PM PDT by RGSpincich
[ Post Reply | Private Reply | To 379 | View Replies ]

To: Spunky
Spunky I believe that the house SHOULD be in legal limbo right now because if he is convicted then according to Nancy Grace and that defense pr-cik Chris Pixley agreed that the entire value of the house would go to Laci's family. Scott as a convicted murderer is not entitled to anything.
419 posted on 06/02/2003 9:08:26 PM PDT by Canadian Outrage (All us Western Canuks belong South)
[ Post Reply | Private Reply | To 379 | View Replies ]

To: Spunky
They probably had a very hefty mortgage.
604 posted on 06/04/2003 9:59:37 PM PDT by joybelle
[ Post Reply | Private Reply | To 379 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson