oceancalling
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- Jul 10, 2019
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Most states have statutes that bar spouses (and others) from inheriting money from a person if it can be established the spouse is responsible for causing the death of that person. This is so even if the money is held in trust, as I suspect will be the case here. Unlike criminal prosecutions, where the burden of proof is beyond a reasonable doubt, the burden is a lesser one of a preponderance of the evidence. IMO if FD or his lawyers think he will ever see a dime of JD's money, they are sadly mistaken.What are the ramifications of FD seeking to stop or delay the divorce? If he’s still married and JD is declared legally deceased, does he inherit her estate? Can a person (JD) have a will which cuts out the legal spouse? I’m trying to discern why FD would want to stop the proceedings. What are the advantages to him?
Concerning MT's deposition, she will not have the legal right to refuse to answer all questions, only those that "may tend" to incriminate her. The burden is on her lawyer to show how the answer to each and every question challenged implicates her 5th amendment rights. That burden is not great, but she will have to show how, for instance, providing answers to her questions about her "job" at FORE will incriminate her in a criminal proceeding.
It will be very interesting to see how it plays out. If she invokes on financial questions, it will lead me (and only me) to conclude that this murder is connected to FD's financial shenanigans. If she attempts to make a blanket invocation of her 5th, I have no doubt GF's extremely competent lawyers will haul her back to court. Eliciting answers will be the medical equivalent of surgery as it will take surgical skill to get the information to which GF is entitled.
One final thought- IMOO, NP definitely got his pony tail in a wringer over his antics in the divorce case. Either Judge Heller made it clear his use of a stolen GAL report was not going to be tolerated, or someone told NP he had crossed way over the line of his ethical responsibilities. This matter is probably not over for him, though. If my suspicions are correct, look for either the judge, the GAL (whose reputation took a major hit when it was learned FD "obtained" the confidential report from him) or GF's lawyers to file a Bar grievance before this case is over.
FD has shown time and again in the divorce proceedings that he has no compunction about breaking every rule placed upon him. His lawyer should understand that his professional responsibilities require much more of him.
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