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To: MizSterious
I am a California attorney, but not a probate attorney. Most couples own their house jointly, which means that upon the death of a spouse, the other owns the house as their sole property. It does not go through probate.

There may be a rule that property that goes through probate cannot be inherited by the murderer, I don't know. I know there is a law that prevents murderers from receiving the life insurance. However, if there was a law that applied to inheritance, it would give a right to the next in line of inheritance to object to Scott's inheriting the probated property, such as the personal effects that belonged to both of them. The probate court would decide the issue, holding the matter in abeyance until the criminal trial was over, and then issue a ruling. Only THEN would someone other than Scott have a right to collect those items.

If Geragos wants to be a jerk, he can go after the Rochas for return of everything they took, and he should be able to get a court to issue an order that they do so. He ought also to consider filing a claim for damages against the police who let it happen in front of them. They failed to fulfill their duty to protect the private property of a citizen who has not yet been convicted of a crime.

380 posted on 05/31/2003 4:33:22 PM PDT by Defiant (Bush as philosopher: "I-raq, therefore I-ran.")
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To: Defiant
I am a California attorney, but not a probate attorney. Most couples own their house jointly, which means that upon the death of a spouse, the other owns the house as their sole property. It does not go through probate.

THANK YOU! That is my understanding also.

What HAS happened here is that the actions of the Modesto Police Department and the Stanislaus County DA have made abundantly clear that the case must be granted a change of venue. By standing idly by while allowing the victim's family to invade the property of and take possessions currently belonging to the accused defendant, the police and DA have demonstrated the community is irretrievably tainted as far as a fair trial for Scott Peterson is concerned.

I suspect that the inflamatory nature of the deliberate leaks on the autopsy have now had their intended effect.

787 posted on 06/01/2003 9:18:29 PM PDT by Swordmaker (Tagline Extermination Services, franchises available, small investment, big profit)
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To: Defiant
Good points; glad to hear from a CA attorney. So many questions. How does community property pass in CA, as a general rule?

Yes, Geragos can be a jerk (he can force himself) and go after the Rochas for everything they took; however, I don't think Geragos will be a jerk unless he is well-paid for it! I think he probably has a separate, higher, scale of fees for "jerk"-level representation!

And yes, he could try a suit against the police, but good luck with the immunity provisions. AND I wonder if, given the DA's refusal to entertain a prosecution of the Rochas, Geragos might claim that the DA cannot fairly prosecute this case?
834 posted on 06/02/2003 2:27:03 AM PDT by Devil_Anse
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