Sievers Sidebar #4

[Nana46]

https://drive.google.com/folderview?id=0B717FUtKwdU8SktLaFJIeXlWYzg&usp=sharing

Can I ask please who is CK? Interview with CK? TIA

 

[IQuestion]

Can I ask please who is CK? Interview with CK? TIA

A lady who was longtime Missouri friend of CWW & MS. (went to the same schools when young etc)
She came to Florida for Teresa's funeral and became suspicious of MS after spending some time with him at the Jarvis Rd house. He told her Teresa had been bludgeoned with a hammer 17 times....EVEN BEFORE police released info! His overall demeanor was "uncomfortable for her"....especially when she started describing how she thought the attack on Teresa occurred. (BTW, as I listened to her interview, I wanted to scream.....RUN CK, RUN!....I was afraid for her, even as she related the events.)
clue: Last name rhymes with brain

 

[Nana46]

A lady who was longtime Missouri friend of CWW & MS. (went to the same schools when young etc)
She came to Florida for Teresa's funeral and became suspicious of MS after spending some time with him at the Jarvis Rd house. He told her Teresa had been bludgeoned with a hammer 17 times....EVEN BEFORE police released info! His overall demeanor was "uncomfortable for her"....especially when she started describing how she thought the attack on Teresa occurred. (BTW, as I listened to her interview, I wanted to scream.....RUN CK, RUN!....I was afraid for her, even as she related the events.)
clue: Last name rhymes with brain

Thank you!!!! I remember that now!!

 

[Oregonmama]

doc dump soon !? Still think something illegal was being done behind TS's back at the practice.....

 

[msboo]

I think the house was transferred into MS's name only after TS died. Not sure what the status is as I thought a family member was petitioning to be executor of her estate. If the house was now only in his name, her estate would not benefit from keeping the house up until it is sold. I do wonder, since he has been charged, would the transfer of title to his name only be voided because of his criminal charges?

On the Lee County Property site as of 7/29/2015, a Death Certificate for Teresa Ann Sievers was recorded and the Deed to the house was put into Mark Sievers name. Criminal charges would not effect his ownership---non-payment of loans will.

The bank holding the 1st mortgage can push for MS to sign over the property OR they can go through the courts, gain ability to foreclose & take possession without his signature. Could depend on how backed up his payments are (I'm not sure) then there's the tax lien as of 2013 so if the IRS wants in they come before any bank. JMO but AFAIK with TS being deceased & the house now being on MS name alone, the property has nothing to do (MAYBE) with her estate.

TS estate/life ins with kids as beneficiaries: --there's a gray area there with Banks vs Estate funds for these kids-- TS's estate wouldn't benefit from the Jarvis property what so ever due cost of maintaining, back taxes, mortgage payments, etc. Also, if a murder had never occurred there... Sievers were never going to get their money out of it at sale, you never over build in any neighborhood PERIOD if you want to profit (they should have built a similar style home, even with some added sq ft it would've faired better). Gray area.... an Attny will know this BUT from my limited knowledge.... the property is in MS name but those loans are probably still in both names? (I kinda doubt MS would change that LOL!) IDK but, legally a bank may have dibs on such ins funds bc it's her estate & her name is on those loans. Now banks do have their compassionate side which is their PR, so how far they might go as to access part of the ins funds in an estate with a murdered mother's young children as beneficiaries regardless of legalities... big ? mark here. I know there are banks that would not touch the kids $$ under these circumstances.

 

[MsJosie]

doc dump soon !? Still think something illegal was being done behind TS's back at the practice.....

I hope there is a doc dump soon, but I am wondering if everything hinges on the next hearing. A hearing first before anymore info is released. For the next hearing I have it marked on my calendar as June 21, Sievers Custody, in the morning and then another one for JRR at 1:30pm eastern time.....not sure about JRR, I believe it was moved.

 

[Wyle_E_Coyote]

I think the house was transferred into MS's name only after TS died. Not sure what the status is as I thought a family member was petitioning to be executor of her estate. If the house was now only in his name, her estate would not benefit from keeping the house up until it is sold. I do wonder, since he has been charged, would the transfer of title to his name only be voided because of his criminal charges?

If he is convicted, slayer statute will revert the house back to Teresa's estate.

(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of coownership with survivorship incidents.

http://www.leg.state.fl.us/Statutes...ute&URL=0700-0799/0732/Sections/0732.802.html

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[Wyle_E_Coyote]

On the Lee County Property site as of 7/29/2015, a Death Certificate for Teresa Ann Sievers was recorded and the Deed to the house was put into Mark Sievers name. Criminal charges would not effect his ownership---non-payment of loans will.

The bank holding the 1st mortgage can push for MS to sign over the property OR they can go through the courts, gain ability to foreclose & take possession without his signature. Could depend on how backed up his payments are (I'm not sure) then there's the tax lien as of 2013 so if the IRS wants in they come before any bank. JMO but AFAIK with TS being deceased & the house now being on MS name alone, the property has nothing to do (MAYBE) with her estate.

TS estate/life ins with kids as beneficiaries: --there's a gray area there with Banks vs Estate funds for these kids-- TS's estate wouldn't benefit from the Jarvis property what so ever due cost of maintaining, back taxes, mortgage payments, etc. Also, if a murder had never occurred there... Sievers were never going to get their money out of it at sale, you never over build in any neighborhood PERIOD if you want to profit (they should have built a similar style home, even with some added sq ft it would've faired better). Gray area.... an Attny will know this BUT from my limited knowledge.... the property is in MS name but those loans are probably still in both names? (I kinda doubt MS would change that LOL!) IDK but, legally a bank may have dibs on such ins funds bc it's her estate & her name is on those loans. Now banks do have their compassionate side which is their PR, so how far they might go as to access part of the ins funds in an estate with a murdered mother's young children as beneficiaries regardless of legalities... big ? mark here. I know there are banks that would not touch the kids $$ under these circumstances.

Life insurance is not part of the estate (unless no beneficiaries are named), proceeds pass directly to beneficiaries. Creditors cannot touch it.

http://info.legalzoom.com/life-insurance-part-estate-not-listed-will-3733.html

ETA

The mortgage is secured by the house. The bank will need to foreclose, then sell the house. In some states, they can then go after the owners if the sale of the house isn't sufficient to cover the mortgage debt. Not sure what FL laws are, in any case, banks usually stop with foreclosing and selling the house.
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[Dollcat]

https://drive.google.com/folderview?id=0B717FUtKwdU8SktLaFJIeXlWYzg&usp=sharing

Thank you!!

 

[msboo]

Hey Wyle_E_Coyote..... Thank You for that info. My retired husband (builder/developer) & I were discussing that, he wasn't sure what the bank(s) could OR could not do. We've seen a lot in years past but never knew of a situation like this. We weren't sure about the life ins & beneficiaries.

 

[MsJosie]

Do we know who the beneficiaries are of the insurance policies? I do not remember the number of policies, and who is the beneficiary, except for MS, BS and one of the girls....the older one I think. Were there any other people as beneficiary?

I know it is up to the insurance policy, rules, laws, if anyone gets to benefit and gets a pay out. All policies we have have a main beneficiary and then if that person dies, a second beneficiary would get the money.

With that said, ifthe insurance company or companies decide to pay out, ifMS is found guilt, ifthere is no second beneficiary, does the money that would have gone to MS now go to probate for 7 years before it would go to the girls? Can BS fight for any or all of it?

Next question, can BS still get a pay out if her sonMS is convicted and ifshe is found not to be involved? (If so I see MS really using BS to use the money to get lawyers to get him out.)

Thanks

 

[No it's not]

Do we know who the beneficiaries are of the insurance policies? I do not remember the number of policies, and who is the beneficiary, except for MS, BS and one of the girls....the older one I think. Were there any other people as beneficiary?

I know it is up to the insurance policy, rules, laws, if anyone gets to benefit and gets a pay out. All policies we have have a main beneficiary and then if that person dies, a second beneficiary would get the money.

With that said, ifthe insurance company or companies decide to pay out, ifMS is found guilt, ifthere is no second beneficiary, does the money that would have gone to MS now go to probate for 7 years before it would go to the girls? Can BS fight for any or all of it?

Next question, can BS still get a pay out if her sonMS is convicted and ifshe is found not to be involved? (If so I see MS really using BS to use the money to get lawyers to get him out.)

Thanks

Are you sure it is BS and not MAG? I am almost positive MAG is listed on the big Ohio LI and on the 401k. That is only according to my memory during the MS bail reduction hearing. Please check.

-Nin

 

[Jessicades]

Hey Wyle_E_Coyote..... Thank You for that info. My retired husband (builder/developer) & I were discussing that, he wasn't sure what the bank(s) could OR could not do. We've seen a lot in years past but never knew of a situation like this. We weren't sure about the life ins & beneficiaries.

When my husband passed, I thankfully was not responsible for any of his debts (he had quite a lot of hospital stays) legally, but I think that can vary be state. The first thing our estate lawyer told me was that life insurance was untouchable by anyone but myself or our kids (who are minors). I still haven't taken his name off the house (in both our names) but the mortgage was also in both names. I do wonder, since she was the only one listed on the deed, if the mortgage was taken out in her name alone. I don't know legally if her family would have any access to the house to retrieve her belongings since technically it would all be MS's property.

 

[Wyle_E_Coyote]

I do wonder, since she was the only one listed on the deed, if the mortgage was taken out in her name alone. I don't know legally if her family would have any access to the house to retrieve her belongings since technically it would all be MS's property.

Snipped for focus

I don't think this is correct... my understanding was that the house was held jointly and MS just removed her name from the deed. If it were in her name only, he wouldn't have been able to simply change the deed as the house would have been part of her estate and would have to go through probate.

Perhaps someone with a better memory can confirm?

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[debbiegarcia36]

Snipped for focus

I don't think this is correct... my understanding was that the house was held jointly and MS just removed her name from the deed. If it were in her name only, he wouldn't have been able to simply change the deed as the house would have been part of her estate and would have to go through probate.

Perhaps someone with a better memory can confirm?

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You are correct. It was in both their names. The death certificate allowed title to transfer to MS under the right of survivorship.

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[MsJosie]

Are you sure it is BS and not MAG? I am almost positive MAG is listed on the big Ohio LI and on the 401k. That is only according to my memory during the MS bail reduction hearing. Please check.

-Nin

Nin. I thought it was BS....but I could be wrong. I remembered thinking it was odd MS put his mom down on a policy for TS. Then I thought, maybe MS thought the money might be given to her first, then she would give it to him. I do not remember a policy with MAG's name on it.

(Sorry I did not reply right away....we keep losing power...in 100 degree temps. I fall asleep when ac kicks in, with iPad in lap.....and promptly zonk out until we lose power again, wake up hot, but cannot answer you as internet is out too....this has happened at least 3 times until now, 2 am! Going to bed! )

 

[Dmacky]

Nin. I thought it was BS....but I could be wrong. I remembered thinking it was odd MS put his mom down on a policy for TS. Then I thought, maybe MS thought the money might be given to her first, then she would give it to him. I do not remember a policy with MAG's name on it.

(Sorry I did not reply right away....we keep losing power...in 100 degree temps. I fall asleep when ac kicks in, with iPad in lap.....and promptly zonk out until we lose power again, wake up hot, but cannot answer you as internet is out too....this has happened at least 3 times until now, 2 am! Going to bed! )

Mark has one life insurance policy on himself. In the event of his death the beneficiary is BS. Which I found to be very odd. 99% of "normal" people would list their spouse.

 

[Frigga]

BS isn't afraid of Mark- she helped create him- mark my words.

 

[MsJosie]

Mark has one life insurance policy on himself. In the event of his death the beneficiary is BS. Which I found to be very odd. 99% of "normal" people would list their spouse.

That may be where I am getting the idea that one of TS policies was left to BS....in was a MS policy left to her. Thanks!

 

[ScotAng]

BS isn't afraid of Mark- she helped create him- mark my words.

I would agree with that, but in the main up until the murder. From her first interview she struck me as 'hard', cut her slack for grief etc., but her second sealed it for me although aware I could be being a bit premature in rushing to judgement. Apologies for the repetition, I know I've said this before.

What we've learned since, from posters like susnoat, CK's interview, and her behaviour in Court seals the deal for me on her hardness and imo very likely ... how do I say it, we'd call it street-savvy .... aware or involved in all things shady/dodgy that go on in life.

Maybe there's an element of fear of him now, though. You know, like she may have been aware of (enabled even) plenty of his shenanigans and dirt attached to him, in the past. That he could have his 'own' wife murdered must be a whole different ball game. She would surely have been shaken to the core to learn he was suss of orchestrating the murder of the mother his children. She's not as green as she's cabbage looking, she'll have joined the dots like everyone else. I'm no doubt stretching it a bit here, but he could have threatened her. I'm more inclined to think a financial reward might have been in the offing for standing by him to this extent, without admitting involvement in the murder. Nevertheless, she cannot fail to have suspicions, and that speaks volumes in itself.

There is the possibility she may fear that he could walk out of there one day, and why she'll continue to do his bidding 'till he's locked up for good. Just speculating. Or she could be what I really think - I don't believe she was involved in the murder at all btw - but would get a hefty time out for 'voicing'. jmo