Probate question

I have a couple of questions about a certain scenario.

A couple was married for about 7 years. They owned a home jointly. The wife was murdered. The husband is now about to go on trial as the defendant for her murder. The defendant gave Power of Attorney to his parents. The defendant has now secured a personal loan from his parents to help pay his attorney fees, using the jointly owned home as collateral.

It is my understanding that if the defendant is found guilty of the crime, then the home would be part of the wife’s estate; which would go to her natural mother and father.

Is this correct? Would that loan collateral agreement be null and void or would the defendants parents be able to foreclose on the house in order to collect the personal loan?

It is my understanding that the wife did not have a will.

Thanks in advance.

How did you come to the "understanding" that you came to--exactly who was it that told you if he was found guilty that the home would be part of the wife's estate? Was that person an attorney?

This situation is a little bit complex due to the fact that you have not stated exactly how their names appear on the deed. The questions you have can best be answered by a real estate attorney and/or business law attorney, in addition to a probate attorney's consultation, because so many different aspects are involved.

Thanks for responding Dandy Don.

The Deed looks like this ...

11-DEC-01 014xxxx00 TRUST DEED
( E ) Mortgage Company Name is here
( R ) Husband's Name is here
( R ) Wife's Name is here

The person that told me that the house would become part of the wife's estate was not an attorney; just a friend that believes he knows what he's talking about. I have no clue if he does or not.

This sounds suspiciously like the Scott and Laci Peterson case in Modesto, California. Is it?

Kid Fresh said:

I have a couple of questions about a certain scenario.

A couple was married for about 7 years. They owned a home jointly. The wife was murdered. The husband is now about to go on trial as the defendant for her murder. The defendant gave Power of Attorney to his parents. The defendant has now secured a personal loan from his parents to help pay his attorney fees, using the jointly owned home as collateral.

It is my understanding that if the defendant is found guilty of the crime, then the home would be part of the wife’s estate; which would go to her natural mother and father.

Is this correct? Would that loan collateral agreement be null and void or would the defendants parents be able to foreclose on the house in order to collect the personal loan?

It is my understanding that the wife did not have a will.

Thanks in advance.

Click to expand...

My response:

When a person otherwise entitled to control disposition, interment and funeral decisions is criminally charged with causing decedent's death (by murder or manslaughter), the person's right to control disposition of the property, interment, and funeral decisions, are relinquished and passed on to decedent's remaining next of kin. [See Ca Hlth & S § 7100(b)(1) & (3)]

(If the criminal charges are dropped, or if the person charged is acquitted, the right to control is returned to the person; Ca Hlth & S § 7100(b)(2).)

IAAL