Fulton County district attorney files motion to prevent Diane McIver auction
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Fulton County District Attorney Paul Howard on Jan. 12 filed a motion to stop Claud "Tex" McIver from auctioning off his late wife Diane McIver's belongings, according to 11Alive.
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Howard's motion, based on Georgia's Slayer law, prevents someone who caused the death of another person to benefit from the proceeds of their estate, trust or life insurance policy. Howard filed a second motion to prevent Tex McIver from using any of his wife's assets to fund his legal defense. If the judge allows the sale to continue, Howard asked that proceeds from it are held until the criminal case is complete.
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In a statement, probate attorney Stanley H. Smith Jr., who handled McIver's will, said, "Under no circumstances will Mr. McIver use proceeds of the sale to fund his legal defense or for any matters related to his legal defense."
Smith said the proceeds would go to $350,000 in cash bequests Diane McIver had made. He said her estate did not have enough cash assets to satisfy that amount.
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Last month, more than 2,000 of Diane McIver's items were placed on an estate sale with Peachtree Battle Estate Sales and Liquidations.
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