Husband murders estranged wife,His mom takes all property.

Arizona
Trial for murder and attempted murder is set for Sept. 2004. Husband shot estranged wife in the back twice, after shooting her friend 3 times, once in hip,second shot grazed arm, third shot missed. Friend is eye witness and wife made call to 911 saying husband shot her then she died. Husband on the run for several weeks and is now in custody awaiting trial. Wife is my sister in law and this happened Dec. 26th. 2003. Since this happened we have tried to get wifes property that was in divorce papers (divorce would have been final in January 2004.) But the husbands Mother had cleaned out the home of everything from Refridgerator, washer/dryer, beds, big screen tv, Wifes antiques, and her personal computer, she also has husbands motorcycle and absolutely everything. She refuses to surrender wifes property to the family and police can do nothing about it. My question is how difficult would it be to get a judgement in small claims court for the personal property of wife? Husband was denied bail because the judge stated that due to the evidence proper, that a jury will most likely find husband responsable for crime. Small claims may be the reasonable way because a lawyer has said it would cost more in legal fees than it is worth. This has been very hard for my mother in law and my wife, and they can not do this anymore and have asked me to help. My mother in law is the personal representative of estate. If any more info is needed I will be happy to give it. I appreciate any and all advice. This whole ordeal has favored the criminal and not the victim. Thank You.

Your post is painfully confusing.

Sorry for confusion. Instead of writing her, she, him, he, etc... which would really be confusing, Husband refers to suspect, Wife refers to deceased victim, Friend refers to second shooting victim (still alive), after reading it again I can see the confusion for you, by trying to keep it simple, I made it more difficult. Bottom line is the suspects Mother has taken all the property from the residence of suspect and victim while the suspect was at large. All we wanted was the victims property. Victim was my wifes only sister and only 36 years old. Police reports state numerous witnesses were told by suspect that he was going to kill his wife, his mother even told police that also. Suspects mother told me tonight that she will not turn over the victims personal property and she will see me in court. I am losing some faith in the system as it seems to keep victimizing the victims. Thank You.

The Problem is one of the Parties is still alive. Was there any type of Will or legal documents as to their properties. If not they become community property.

The property is Not yours . The husband obviously told his mother to Clear the house out.

Who ever told you it's not worth it is probably right .

Small claims would probably dismiss the case . Small claims awards are for money.The worth of the Items.It wouldn't get you the Items returned anyways.

If the Estate is being probated you might be able to file a claim of her property . It all depends on what If any Documents the Parties had /have .

You may also be able to file to FORCE probate. You should consult an Estate Attorney for a small fee.

I am no lawyer but it sounds horrible that the husband can murder his wife then basically inherit all her property and tell his mother to dispose of it for him. It doesn't seem right/legal that a husband should be able to benefit monitarily by killing his wife.

I am no lawyer but it sounds horrible that the husband can murder his wife then basically inherit all her property and tell his mother to dispose of it for him. It doesn't seem right/legal that a husband should be able to benefit monitarily by killing his wife.

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He won't. Arizona, like all states, has a "slayer" statute that will prevent somebody who kills someone else from inheriting.

Blonde Lebinese is correct in that Arizona is a community property state -- but not everything qualifies as community property, and it doesn't mean that he would get all of it anyway. A small claims action for the recovery of the value of the goods that would have been hers in the divorce settlement (if you have the paperwork to prove it) may be ivable; however, a probate action might actually be more successful, in that you would actually get the objects (if the mother hasn't sold them already).

You mientioned you spoke with a lawyer. Have you discussed probate?

Divgrad is correct. Someone needs to step up and represent the estate of the deceased.... including having the LEGAL right to demand the return of her 'stolen' property.

The only question now is..... who will do it???

JETX is dead right.

Thanks everybody. I know the property is not mine. We are trying to get it for the estate. The home and motorcycle are in probate now, and there is a divorce document that states what property both parties had agreed to let each other have. But since He murdered her, the divorce will never be final. My mother in law is the personal representative for the estate and I mentioned that she has the right to gather and gain control of estate assets, and to report the property stolen since we have the address of where some of the property is, she seems to not be able to get any help in recovering the items. I had already researched the slayer statute and since a judge had already found that "due to the preponderance of the evidence standard, the suspect will most likely be found guilty"... We should be able to get what rightfully belongs to the estate without having to wait for a lenghty trial. Thanks again.