GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #1

[stmarysmead]

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_31A/Article_3.pdf

NC Slayers Statute. Is this saying that even if she walks but then is found culpable in a civil suit, that the Slayer Statute would apply.



Sent from my iPad using Tapatalk

 

[stephanddoody]

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_31A/Article_3.pdf

NC Slayers Statute. Is this saying that even if she walks but then is found culpable in a civil suit, that the Slayer Statute would apply.



Sent from my iPad using Tapatalk

Thats is brilliant info ty

 

[searchinGirl]

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_31A/Article_3.pdf

NC Slayers Statute. Is this saying that even if she walks but then is found culpable in a civil suit, that the Slayer Statute would apply.

I think I'm reading that his share passes to his estate on his death and she gets to keep her share for life but then upon her death the property passes to his children...anyone else?

 

[Frizby]

That's interesting @stmarysmead particularly the section which covers Survivorship. Seems that her share would still be retained by her but would pass to the deceased estate on her death. It also mentions rights to an income however income is not clearly defined as to whether this is based on investment or whether it can all be drawn down.

§ 31A-6. Survivorship property.
(a) Where the slayer and the decedent hold property with right of survivorship as jointtenants, joint owners, joint obligees or otherwise, the following apply:

(1) The decedent's share passes immediately upon the decedent's death to thedecedent's estate.
(2) The slayer's share shall be held by the slayer for life and at the slayer's deathshall pass to the decedent's estate.

(b) Where three or more persons, including the slayer and the decedent, hold propertywith right of survivorship as joint tenants, joint owners, joint obligees or otherwise, thefollowing apply:

(1) The decedent's share is converted effective upon the decedent's death to thatof a tenant in common and passes to the decedent's estate.
(2) The remaining persons, including the slayer, continue to hold their shareswith right of survivorship.
(3) If the slayer becomes the final survivor, upon the slayer's death, the slayer'sshare, which includes the other shares that passed to the slayer as the finalsurvivor, shall pass to the decedent's estate.

(c) During the slayer's lifetime, the slayer shall have the right to the income from theslayer's share, subject to the rights of the slayer's creditors.

(d) Nothing in this section prohibits a partitioning of the property pursuant to Chapter46 of the General Statutes or severing the joint tenancy in any manner provided by law. Anyshare taken by the slayer by reason of partition or severance shall be subject to subdivision (3)of subsection (b) of this section. (1961, c. 210, s. 1; 2014-107, s. 1.1.)

 

[stmarysmead]

I hope some lawyer pops in on this thread...but here's what it seems to say to me. If they owned a house together, his half would go to his estate. She would retain her half and if it was rented, could have her half of that income, but upon her death, the other half of the house goes to his estate. I'm just guessing on this. But it seems that she could be deemed a "slayer " even if just found guilty (like O.J.) in a civil suit.

So maybe joint property could not be sold?

Maybe some lawyer will stop by and tell me I'm all wrong...lol.


Sent from my iPad using Tapatalk

 

[kittythehare]

minefield!
We desperately need some experienced websleuthers on this thread to help us find local knowledge.
St Mary's mead said we are missing so many years from 2003..
wondering whether more experienced sleuthers would help us discover what is needed, bearing in mind the case is looming and its unlikely a massive budget or resources will be available to help fund such a large investigation?

 

[Frizby]

I think I'm reading that his share passes to his estate on his death and she gets to keep her share for life but then upon her death the property passes to his children...anyone else?

Yeah, that is what I am reading of it. Only saw your post after I posted. The income bit is not really clear thought as to how it works. On it being passed on death of the Slayer, it seems to be defined as only passing to the estate of the deceased, which suggests if she ever has children, they could not benefit which suggests to me that there is some way of protecting the actual value.

Edit - also, this seems to only apply to jointly held assets, insurance policies are dealt with further on in the act & appears that all rights is severed.

 

[Electric Sheep]

Jason must initially been happy in the US, to have sold his house in Ireland and bought one there. Surely if he had doubts back then, he would have rented out his Irish house, and rented a house to live in. I wonder when it all started to fall apart and why.

 

[kittythehare]

love is blind, I guess, happens us all at times...
uncontrolled manic depression would be very difficult to have as a housemate.
its possible she was able to hide much until after they married..
there was also the story of the old 'boyfriend' showing up on facebook and a hint she may have resumed that relationship while still married to Jason. or possibly saw him as someone she could use to gain child custody, depending upon his occupation.. its good to thrash it out with questions

 

[stmarysmead]

http://evoke.ie/news/jason-corbett-wasnt-ready-to-marry-claims-best-friend

Very interesting article.


Sent from my iPad using Tapatalk

 

[stmarysmead]

From that article:

'Molly was always that bit protected and stand-offish,’ says Lynn. ‘We never got to know about her friends, there was never any talk about that. In terms of her life and history, we learnt very little. I said to Jason, “She’s been here so long, almost four years, and not one friend has visited. Not one friend in four years. Not one.”

‘Her mum did come twice. I questioned him, I said, “You have been over there, does she have friends? Did you met any of her friends? You have your friends and family.” And he brushed it off. I was really concerned about that.’ During a night out with friends some time later, Jason announced that he and Molly were engaged.


Sent from my iPad using Tapatalk

 

[Frizby]

Full NC Act Barring Property Rights

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0031A

 

[stmarysmead]

So Miss Molly helped herself to all that furniture etc from the house, but she cannot sell anything u till after the trial. And if convicted or found responsible in a civil suit, sounds like she can never sell.


Sent from my iPad using Tapatalk

 

[searchinGirl]

Yeah, that is what I am reading of it. Only saw your post after I posted. The income bit is not really clear thought as to how it works. On it being passed on death of the Slayer, it seems to be defined as only passing to the estate of the deceased, which suggests if she ever has children, they could not benefit which suggests to me that there is some way of protecting the actual value.

I think "income" in this sense would not only refer to rents but appreciation in value...or capital gain...I wonder if she can sell her interest?...sounds like a wrongful death suit wouldn't force her to relinquish it...is this statute written for this situation?...

 

[Electric Sheep]

love is blind, I guess, happens us all at times...
uncontrolled manic depression would be very difficult to have as a housemate.
its possible she was able to hide much until after they married..
there was also the story of the old 'boyfriend' showing up on facebook and a hint she may have resumed that relationship while still married to Jason. or possibly saw him as someone she could use to gain child custody, depending upon his occupation.. its good to thrash it out with questions

I actually have lived with a housemate with uncontrolled bipolar disorder, and it WAS difficult and at times frightening. I was only 22 and knew very little at the time about mental illness. However, once she was stabilized on Lithium, it was much better. Molly is taking Lithium, according to Jason's sister.

The problem is if the person decides they don't need the medication, and comes off it. Over the past 30 years, all the bad episodes for my friend and former housemate were related to stopping the medication.

It is not a reflection on Molly that she has bipolar disorder, it could strike you or me.

 

[Frizby]

I think "income" in this sense would not only refer to rents but appreciation in value...or capital gain...I wonder if she can sell her interest?...sounds like a wrongful death suit wouldn't force her to relinquish it...is this statute written for this situation?...

Rent maybe if the property was not to be sold, i.e. 50% of overall rent, but what happens when property is sold. It is all very unclear. Can't imagine that appreciation in value could be used as an income, I read it as if the eventual right of that share is belonging to the deceased estate, then I would expect some sort of protection to value at the very least to keep up with inflation. The term income and how it is defined must be stated somewhere, otherwise what is the point of deeming eventual ownership as the deceased estate as it could be worth pittance when it eventually passes.

Can't get my head around this one, never seen legislation like this before tbh.

 

[searchinGirl]

So Miss Molly helped herself to all that furniture etc from the house, but she cannot sell anything u till after the trial. And if convicted or found responsible in a civil suit, sounds like she can never sell.

I agree..it's a tough law...I hope Jason's family finds justice with it...

 

[stmarysmead]

Yes. It is unclear. But we do know the purpose of the statute is to prevent the "slayer" from benefiting from the death of his/her victim...that's the good news.


Sent from my iPad using Tapatalk

 

[stmarysmead]

I hope they are also preparing a civil suit against her AND her father...just in case.


Sent from my iPad using Tapatalk

 

[Electric Sheep]

http://evoke.ie/news/jason-corbett-wasnt-ready-to-marry-claims-best-friend

Very interesting article.


Sent from my iPad using Tapatalk

Yes, it is!

But it still makes we wonder - if he was so intent on returning to Ireland, even before he left, why would he sell his house and buy one in NC? To placate Molly? It would be very interesting to know exactly when the Irish house was sold and the NC house was bought.