You must have missed when we discussed this on the other thread.
California is a Community Property State, like Washington State is
Here is a snippit of the Calif. Community Property which is pretty much the same as Washington's.
California Community Property Law:
1) What is community property?
California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse.
Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest.
The law requires that the community estate be divided equally if there is no written agreement to the contrary.This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive ½ of the net community estate.
Community Property
In the other thread there was talk that Scott wanted Laci's diamond rings but a wedding ring is gifted to the bride by the groom.
Scott gifted Laci her wedding rings so therefore they are her Separate Property
On the other thread I posted what the probate codes are and if Scott is convicted of killing Laci, he will have no right to any of the property that was Laci's share. He still has his own 1/2 of the Community Property.
If he is not convicted without knowing what their Will says we don't know who she bequeathed her Community Property or Separate Property to.
Most couples make their Wills out to leave it to the surviving person. In the absence of a Will and he is not convicted, it would take longer going through probate but in the long run I believe it would probably all go to the surviving spouse.
I understand that Scott's parents have Power of Attorney in order to do whatever business Scott needs done while he is in jail or prison. Someone on the other thread wanted to know why the Rocha's didn't have Power of Attorney. I told them it is because Power of Attorney is only effective while the person you have power over is still alive.
I am not sure if he is barred from selling things now or not. My personal opinion would be that he could but half of all the proceeds would go into the estate of Laci.