Still Missing CA - Maya Millete, 39, missed daughter's birthday, Chula Vista, 7 Jan 2021 *husband arrested* #5

[Niner]

No, the matters scheduled are two completely different subjects.

Okay!

 

[Warwick7]

I'm not answering OP's question directly, but offering a rule of thumb generally applicable to the majority if not all states about who can file a civil case for wrongful death.

Only a select group of people have standing to claim damages following a wrongful death and states generally follow intestate-- order of priority succession.

In other words, knowing that the decedent has a surviving spouse and children, it's a very safe bet that the Class 2 tier including parents and siblings of the deceased will be excluded, as a matter of law, because they don't have standing.

However, since wrongful death claims are time sensitive the exception for a parent or sibling to have standing would be if the surviving spouse and the children of the decedent are not present and can't be located.

Again, I'm not saying Maya's family (parents or siblings) can't file a civil case against LM for wrongful death, just that I doubt they are eligible. MOO

Now, I'm confused......isn't that what Goldman did to OJ.

 

[Seattle1]

Now, I'm confused......isn't that what Goldman did to OJ.

Yes, but don't forget that Goldman's son was unmarried and had no children i.e., no surviving spouse or children. and therefore his father had standing to file the action. This is not the same in Maya's case.

 

[rosesfromangels]

Here's some info from a California attorney's website. I think this merits some additional research with the hopes that if/when Maricris and Richard get legal custody of the children, they could sue for wrongful death on behalf of said children. Again, it would be great for a verified attorney to offer up their opinion. I think it's a worthy exploration.

Amateur opinion and speculation

"....California law limits who can file a wrongful death claim to the deceased’s survivors or legal representative. This includes the surviving spouse, domestic partner, and children. If there are no direct survivors, other family members such as siblings, parents, or legal guardians may also file a wrongful death lawsuit...."

How Do You Prove A Wrongful Death Lawsuit in California

Wrongful death lawsuits require proving specific elements to be awarded compensation. Understand the burden of proof that must be met to prove your case.

www.shirvanianlawfirm.com

 

[Seattle1]

Here's some info from a California attorney's website. I think this merits some additional research with the hopes that if/when Maricris and Richard get legal custody of the children, they could sue for wrongful death on behalf of said children. Again, it would be great for a verified attorney to offer up their opinion. I think it's a worthy exploration.

Amateur opinion and speculation

"....California law limits who can file a wrongful death claim to the deceased’s survivors or legal representative. This includes the surviving spouse, domestic partner, and children. If there are no direct survivors, other family members such as siblings, parents, or legal guardians may also file a wrongful death lawsuit...."

How Do You Prove A Wrongful Death Lawsuit in California

Wrongful death lawsuits require proving specific elements to be awarded compensation. Understand the burden of proof that must be met to prove your case.

www.shirvanianlawfirm.com

When the trial date was expected in October, the court stated it was not going to decide custody until after the trial. However, now that the trial has been pushed to January, not sure what the court will do.

The children currently have a GUA to speak for them and would likely be responsible for obtaining legal representation for them. Besides the fact it's a no-brainer the Court would allow or grant Maya's estate fund Larry's defense, there's the issue that ethically and legally, the children cannot be forced to sue their father for wrongful death. And this applies whether or not Maricris gets custody, the Millete grandparents retain custody, or they are under GAU.

By all accounts I'm aware of, they don't believe he's responsible. It's part of the reason why deciding custody has been delayed (children are resistant).

This is not limited to the Maya children -- we see this over and over where kids side with the only remaining parent. And as a child, suing your father is like suing yourself since you are the heir of the deceased mother and also the heir to the father.

We saw a similar scenario most recently in the Colorado missing person case of Suzanne Morphew -- presumed deceased, body not recovered, with a surviving (legal) spouse and children, where siblings and parent of the decedent had no standing, and dad sold the family home and additional assets (high net worth family). MOO

 

[rosesfromangels]

When the trial date was expected in October, the court stated it was not going to decide custody until after the trial. However, now that the trial has been pushed to January, not sure what the court will do.

The children currently have a GUA to speak for them and would likely be responsible for obtaining legal representation for them. Besides the fact it's a no-brainer the Court will not allow Maya's estate to fund Larry's defense, there's the issue that ethically and legally, the children cannot be forced to sue their father for wrongful death. And this applies whether or not Maricris gets custody, the Millete grandparents retain custody, or they are under GAU.

By all accounts I'm aware of, they don't believe he's responsible. It's part of the reason why deciding custody has been delayed (children are resistant).

This is not limited to the Maya children -- we see this over and over where kids side with the only remaining parent. And as a child, suing your father is like suing yourself since you are the heir of the deceased mother and also the heir to the father.

We saw a similar scenario most recently in the Colorado missing person case of Suzanne Morphew -- presumed deceased, body not recovered, with a surviving legal spouse and children where siblings and parent of the decedent had no standing, and dad sold the family home and additional assets (high net worth family).

All excellent points, and sadly, sounds accurate. I’d still investigate, with the hope of securing the estate for the children, somehow. I wonder if LM is convicted, can he attempt to claim survivors benefits? That would be a horror.

Amateur opinion and speculation

 

[Seattle1]

All excellent points, and sadly, sounds accurate. I’d still investigate, with the hope of securing the estate for the children, somehow. I wonder if LM is convicted, can he attempt to claim survivors benefits? That would be a horror.

Amateur opinion and speculation

This isn't a unique situation. Ultimately, LM's defense is likely going to become the burden of the State of CA. Pursuant to the slayer rule, U.S. law of inheritance stops a person from inheriting property from the person they murdered-- i.e., no surviving spouse benefits for LM.

Also, at the conclusion of a trial, the Court can Order the convicted defendant to pay restitution and/or recover all or part of the costs for the CA public defender. If LM is hiding assets, the cost recovery department is good at uncovering them.

My understanding from the preliminary was that LM was very secretive about the finances where he controlled both Maya's earnings as well as his own. If not for being locked up and unemployed for more than a year, I'd be very suspicious of the blended family arrangement between LM and his parents. JMO

 

[rosesfromangels]

This isn't a unique situation. Ultimately, LM's defense is likely going to become the burden of the State of CA. Pursuant to the slayer rule, U.S. law of inheritance stops a person from inheriting property from the person they murdered-- i.e., no surviving spouse benefits for LM.

Also, at the conclusion of a trial, the Court can Order the convicted defendant to pay restitution and/or recover all or part of the costs for the CA public defender. If LM is hiding assets, the cost recovery department is good at uncovering them.

My understanding from the preliminary was that LM was very secretive about the finances where he controlled both Maya's earnings as well as his own. If not for being locked up and unemployed for more than a year, I'd be very suspicious of the blended family arrangement between LM and his parents. JMO

Thank you for sharing this; very good to know.

 

[Niner]

Another email alert from DA.

District Attorney Case Notification <[email protected]>

10:46 AM (29 minutes ago)

to me
THE FOLLOWING EVENT(S) HAVE BEEN ADDED FOR CASE CS319857:

Further Proceedings scheduled for Oct 10 2023 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 10.

Felony Other Motion Hearing scheduled for Jan 8 2024 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 10.

 

[Niner]

An email from DA

THE FOLLOWING EVENT(S) HAVE BEEN REMOVED FROM CASE CS319857:

The event "Felony Other Motion Hearing" scheduled for Sep 11 2023 8:30AM at the San Diego Superior Court, South County Division, South County Regional Center in department 10 has been Vacated.

The event "Further Proceedings" scheduled for Oct 10 2023 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in department 10 has been Vacated.

The event "Felony Readiness Conference" scheduled for Oct 10 2023 1:30PM at the San Diego Superior Court, South County Division, South County Regional Center in department 10 has been Vacated.

THE FOLLOWING EVENT(S) HAVE BEEN ADDED FOR CASE CS319857:

Felony Readiness Conference scheduled for Oct 10 2023 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 10.

 

[Niner]

Thursday, August 10th:
*Hearing (@ 9am PT) - CA - *May “Maya” Millete (39) (last seen @ home on Jan. 7, 2021, near San Miguel Ranch area, Chula Vista & reported missing Jan. 9, 2021 by her sister; not found). *Larry Ibarreta Millete (40/now 41) - Conservatorship Case: To have a conservator take control of Maya’s estate in her absence filed on 5/11/23 by sister Drouaillet.
Case & court info from 1/7/21 thru 5/8/23 reference post #675 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-34
5/11/23: Conservatorship: Maya's sister Maricris Drouaillet filed court papers to have a conservator take control of Maya's estate in her absence. The documents stated that foreclosure proceedings were started on the Milletes' Chula Vista home by their lender due to missed mortgage payments & that "sufficient funds do not exist to continue making payments on the mortgage & maintain the house." A hearing has been set for 8/10/23 regarding the conservatorship.

 

[Curious Me]

Please watch the video for the full look at what went on in the courtroom today. Judge refused to let the house be sold to the existing offer... that's interesting... who was that? There is question on how Larry Millete will decide to agree on how things will be divided up once the house is sold. My own question here-- Will money be set aside from Maya's portion, and also from Larry's, in a trust for the children? Sounds like there's a chance the children may stay in the care of Larry's parents for the time being. ​

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

A conservatorship hearing regarding Maya Millete's estate
was held Thursday morning in San Diego Superior Court.

Maya's sister, Maricris Drouaillet, had petitioned the court, asking a conservator to facilitate the sale of the couple's Chula Vista home.​

Judge Olga Alvarez granted that request.
The home is estimated to be valued at around $1.2 million.

Millete home in Chula Vista to be sold on open market
August 10, 2023

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[Curious Me]

Continued from ^^^ above post.

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

According to court filings, Martinez has said a buyer who is ready to purchase the home for an undisclosed amount has been identified.

However, Judge Alvarez sided with Drouaillet's attorney and ordered the home be placed on the open market.

The money from the sale will go into a blocked account. Neither side will have access to it until it is determined which part belongs to Maya and which part belongs to Larry.
​

Another hearing is scheduled for December.

August 10,2023 Conservatorship Hearing
Millete home in Chula Vista to be sold on open market

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[Niner]

Continued from ^^^ above post.

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

According to court filings, Martinez has said a buyer who is ready to purchase the home for an undisclosed amount has been identified.

However, Judge Alvarez sided with Drouaillet's attorney and ordered the home be placed on the open market.

The money from the sale will go into a blocked account. Neither side will have access to it until it is determined which part belongs to Maya and which part belongs to Larry.
​

Another hearing is scheduled for December.

August 10,2023 Conservatorship Hearing
Millete home in Chula Vista to be sold on open market

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For more detailed information, see our cookies page.

Accept third party cookies

Do it say what date in December? My speakers are not being cooperative... TIA!

 

[Seattle1]

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

8/10/23

According to court filings, Martinez has said a buyer who is ready to purchase the home for an undisclosed amount has been identified.

However, Judge Alvarez sided with Drouaillet's attorney and ordered the home be placed on the open market.

The money from the sale will go into a blocked account. Neither side will have access to it until it is determined which part belongs to Maya and which part belongs to Larry. Another hearing is scheduled for December.

During Thursday's hearing, it was also revealed the children will remain in the custody of Larry's parents for now, and they will move into a home in the same area of Chula Vista so they can continue attending the same schools.

Larry Millete remains behind bars, accused of murdering his wife. His trial is scheduled for January 2024.

 

[Curious Me]

@Niner, I only heard December, no date mentioned.

"The money from the sale will go into a blocked account. Neither side will have access to it until it is determined which part belongs to Maya and which part belongs to Larry. Another hearing is scheduled for December."

[...]

"Larry Millete remains behind bars, accused of murdering his wife. His trial is scheduled for January 2024."

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

​

 

[Seattle1]

Do it say what date in December? My speakers are not being cooperative... TIA!

No date. The reporter said "end of the year," and CBS/8 News link simply states "December."

 

[Curious Me]

It's like I said, no date, just December mentioned.

 

[Curious Me]

This Lemon Festival in Chula Vista will draw crowds. Is the Maya Missing Billboard still up?

Let Maya be remembered, Let Maya be found.​

Lemon Festival | Events | Downtown Chula Vista

Lemon Festival | Events | Downtown Chula Vista

downtownchulavista.com

HelpFindMay Official FB site:

Help Find Maya

Help Find Maya. 13,056 likes · 525 talking about this. Today and everyday until Maya is home safe with us, especially to her 3 beautiful children, we ask that you say a prayer at 5:01 pm (her...

www.facebook.com

The latest development:

Millete home in Chula Vista to be sold on market

The home where Maya Millete disappeared from, was in jeopardy of going into foreclosure, so the judge appointed a conservator for Maya Millete's estate.

www.cbs8.com

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For more detailed information, see our cookies page.

Accept third party cookies

 

[Niner]

No date. The reporter said "end of the year," and CBS/8 News link simply states "December."

It's like I said, no date, just December mentioned.

Thank you both! That is what I heard/read also - December...