Because Mica Miller’s divorce papers were filed prior to her death, the portion of the divorce seeking equitable division of assets – basically the individual’s share of the marital estate – survives even if the individual dies. That means Mica’s estate can seek to recover that portion of the marital estate so long as a claim has been filed.
The memorandum in support of installing Mica Miller’s sister as administrator pointed out “it would be impractical for Mr. Miller to be appointed as special administrator, or personal representative, of (Mica’s) estate as he has a pecuniary interest in the outcome of such a claim regarding the marital estate.”
“It is prudent for a third-party to be appointed for this purpose to ensure that the results are equitable to those involved,” the memo added.
The affidavits from Mica’s sister and brother go into further detail about what the young wife was experiencing in the weeks and days leading up to her death. In her affidavit, Mica’s sister — who said she spoke to Mica “every few days” and texted with her daily — stated Mica “expressed the abuse and violence against her by her husband to others, including family members and members of the church congregation.”
According to her sister, when Mica was discharged from the facility – unbeknownst to her – JP Miller had moved her belongings out of the house and all of the evidence she had gathered was “removed from her phone, personal laptop, vehicle and purse and never recovered.”
Mica was further unable to access her email, iCloud or Facebook account following this admission, according to her sister. Additionally, JP Miller allegedly continued to use at least one of her accounts – causing any recipient who received messages from it to believe they were sent by Mica.
Mica’s sister says in the weeks leading up to her death, she was very hopeful about her future – but had expressed fear that “she would not make it to the divorce and that her life would be taken from her.”
"If I end up with a bullet in my head, it was not by me ..."
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