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The earlier sections specify that upon the death of a spouse, one half of community and quasi-community property goes to the dead spouse, and the other half goes to the surviving spouse, unless there are other arrangements made in advance - 60/40, 80/20, etc.

Scott has not been stripped of his rights to his half of the community property, and will not be stripped of those rights unless and until there is a final judgmenet of conviction or a court ruling to that effect. For example, if he sells the diamond ring, and is later convicted, he owes Laci's estate half the value of the ring.

"Scott has not been stripped of his rights to his half of the community property, and will not be stripped of those rights unless and until there is a final judgmenet of conviction or a court ruling to that effect. For example, if he sells the diamond ring, and is later convicted, he owes Laci's estate half the value of the ring."

mvpel, I don't think you are correct in the matter of the diamond ring being community property.

I live in a community property state and this is what I have been told.

Anything that you brought into the marriage is your own personal property. Also any gifts that may be given to one or the other of the couples is their own personal property. Such as a grandmother gave Laci a gift of something (at the moment I don't remember what it was). When a person marries the other person gives the bride or groom (A GIFT) of a wedding ring. This then is personal property and belongs to that persons estate.

Community Property is whatever is purchased for the mutual benefit of both after the marriage.

In the absense of a Will the Community Property would be divided in half, and 1/2 of the community property plus the deceased's personal property would go to the next of kin.

If you have a Will, most married couples have Community and Personal Property "With right to survivorship to the living spouce.

If this is what Scott and Laci had, in the case of Scott being convicted of killing Laci, this part of the Will would be null and void. He cannot profit from her death.

His half of the Community Property is still his and he can keep any proceeds from his half even if convicted. He Just cannot have any of Laci's half of the Community Property or any of her Personal Property.