2003 my sister was murdered in georgia she had a will in place 30% was to go to the killer from the estate he is in prison I am also a heir of the estate,I'm being told that he still gets 30% by the administrator of estate who was picked by a attorney I paid to handle the estate 2007 still resolvement what should I do need real help no trust in system
2007-01-12 04:52:00 · 11 answers · asked by wootsie12001 1 in Business & Finance ➔ Insurance
I would say that you talk to an attorney and sue.
2007-01-12 05:00:06 · answer #1 · answered by BigPappa 5 · 0⤊ 1⤋
If that guy gets a dime then you need to get an attorney to sue him in Civil Court for causing the death of your sister. It's what was done in the OJ Simpson case. You can actually sue the guy for more money than he will get from her estate. You can keep him broke for the rest of his life if he was to ever get out of jail. Ask your Attorney about a Civil Suit against him for wrongful death. Read up on the OJ trial and see what happened after his wife's family sued him in civil court for causing her death. If you don't get the answers you want to hear then be sure to ask for a second opinion. Lawyers can sometimes be self serving in that he will collect from everyone involved in a case and may not be acting in your best interests. Lawyers can also be wrong. They don't think so but we know better.
2007-01-12 05:05:57 · answer #2 · answered by Dumb Dave 4 · 0⤊ 0⤋
I would start by talking to the District Attorney. I was under the impression that a criminal was not allowed to profit from the crime. I.E. if you are a mass murder you can't write a book or receive money for the movie rights to your story. It seems that if one was allowed to receive, as a beneficiary, portions of the estate of a person they have murdered it would negate the whole concept of not profiting from a crime. I am almost certain that a spouse cannot collect life insurance if they are responsible for the death.
Good luck on this one.
2007-01-12 05:02:42 · answer #3 · answered by gimpalomg 7 · 1⤊ 1⤋
As a general principle of law, no murderer may EVER profit from his or her crime. This extends to life insurance, annuities, personal property, anticipated income from intellectual property, etc. Unless GA has very unusual estate laws, I think it's highly probable that the administrator is incorrect. The will needs to be formally contested and the murder removed as partial beneficiary.
You will need legal representation to get this straightened out. I understand you have no trust in the legal system, but your only other alternative is to be ripped off by someone who is not acting in your -- or your sister's -- best interests.
2007-01-12 05:34:21 · answer #4 · answered by Suzanne: YPA 7 · 2⤊ 1⤋
I would get my own attorney & fight.I have never heard anything like it.In the UK the killer loses alrights to benifit from a will.Surely American law does not allow a killer to gain from killing that is madness.Good Luck in your battle.
2007-01-16 04:21:00 · answer #5 · answered by Ollie 7 · 0⤊ 0⤋
You could contest the will. Cant believe that the system will allow the person who murdered her to be able to befefit from her will. Hopefully he will stay in prison for the rest of his miserable life and wont be a problem anyway. Good luck
2007-01-12 05:02:40 · answer #6 · answered by Anonymous · 1⤊ 1⤋
I believe your attorney is wrong. It is a basic tenet of civil lawyer that a wrongdoer cannot benefit from his actions.
Many states have passed laws to this effect. Check with a local lawyer to see if Georgia has.
If he does get the money, sue him for wrongful death.
2007-01-12 05:25:27 · answer #7 · answered by Anonymous · 2⤊ 1⤋
firstly im so sorry for your loss....in what state is the will held? im sure different laws in different conutries would be there in place to change this.. check this out.... as if he killed her im sure the circumstances surrounding (pardon the bluntness) the way he killed her would be taken into account.. for example id it was claimed self defence then the will im sure would be maintained but if it were say.. cold and pre meditated in oreder to gain the proceeds then im positive this changes a wills outcome but again depends on where the will was drawn up
2007-01-12 23:28:37 · answer #8 · answered by tikketiboo 4 · 0⤊ 1⤋
Not true. Under law, where you benefit from a will and you are the criminal, intent on and benefiting yourself by removing a life, for example, as is the case here, then you cannot benefit.
2007-01-12 06:15:50 · answer #9 · answered by manforallseasons 4 · 1⤊ 1⤋
Get a good attorney to contest the will. He should not benefit from his crime.
2007-01-12 05:00:25 · answer #10 · answered by Anonymous · 2⤊ 0⤋