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

[stmarysmead]

I think Molly is terrified of what the children will say about their lives together. To me, the rush to file for custody when Jason had yet to be buried, and the real point of the FB campaign was at least, in part, to control the children.

Molly keeps insinuating that she suffered in silence, even in her FB post yesterday. But there are two witnesses who also lived in the house. LE were very wise to interview them almost immediately.

I believe they need to show that they had to kill Jason to stop him from killing Molly. But how many blows from a bat or brick does that take?

The fact that there are two weapons indicates that someone had an interval to get the second weapon and then, return to the beat-down. Someone was "free" enough to search out a second weapon. Now, if the intent was not to kill, but just to stop Jason, THAT was an interval where a call to police for help could have been made, instead of the search for a second weapon.

My opinion only.


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[stmarysmead]

Reading the comments under Molly's Instagram account has been rather interesting. One of her supporters insinuates that Jason had to be "disarmed." This was mainly before the charges and the release of the autopsy. I wonder if this us a hint as to the story Molly was putting out in those first months?

What came across to me is how unhealthy and obsessive was her determination to have contact with the children. "Phone home" she demands at one point, followed by her phone number. The phone number and email are a constant. It's obvious that she was determined to thwart the wishes of the guardians. She is relentless in her quest to have her own way. It makes me wonder what it was like for Jason to live with her. Couching all this in terms of motherly love, doesnt remove the "she-who-must-be-obeyed" quality, at least in my opinion.

I wonder what she is thinking this morning.

All just conjecture and opinion.




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[sshhh!]

I've come across this very interesting transcript from a Nancy Grace show which aired in the US on January 18th. According to a claim here, the Martens actually changed their plans to travel to NC the day before the murder. There are lots of other interesting bits here including MM's attorney claiming there is no evidence of certain things which are being reported. The transcript of the show is below. I can't find the corresponding video - is it possible someone else could find this, on an on-demand service maybe?

http://transcripts.cnn.com/TRANSCRIPTS/1601/18/ng.01.html

 

[wildebeest]

We're MM and TM due in court today?

 

[Hotchips]

We're MM and TM due in court today?

It was rescheduled for Wednesday. What exactly is an administrative hearing? Is it where they enter a plea? Been trying to find exactly what it entails but can't find anything clear as to what it entails with regard to a trial of this nature...found references to cases where petitioners have an issue with decisions made by govt bodies but unsure it that applies in this case....anyone any knowledge on this??

 

[Francesca]

I've come across this very interesting transcript from a Nancy Grace show which aired in the US on January 18th. According to a claim here, the Martens actually changed their plans to travel to NC the day before the murder. There are lots of other interesting bits here including MM's attorney claiming there is no evidence of certain things which are being reported. The transcript of the show is below. I can't find the corresponding video - is it possible someone else could find this, on an on-demand service maybe?

http://transcripts.cnn.com/TRANSCRIPTS/1601/18/ng.01.html

That's a very interesting interview. Nancy Grace is making it clear that the self-defence story is suspicious with her references to Jason's defense injuries. I'm surprised he didn't write another will after he was married, but they were saying there that the will pre-dated the marriage. Ironically, if he had died under any other circumstances, Molly would have been within her rights to contest the will and challenge the custody arrangements. In Australia, wills automatically become invalid anyway upon a new marriage - I don't know if it is the same in the States or in Ireland.

 

[Hotchips]

That's a very interesting interview. Nancy Grace is making it clear that the self-defence story is suspicious with her references to Jason's defense injuries. I'm surprised he didn't write another will after he was married, but they were saying there that the will pre-dated the marriage. Ironically, if he had died under any other circumstances, Molly would have been within her rights to contest the will and challenge the custody arrangements. In Australia, wills automatically become invalid anyway upon a new marriage - I don't know if it is the same in the States or in Ireland.

Yes wills made before a marriage in Ireland are automatically invalid upon marrying unless it is made in contemplation of marriage I.e when engaged. The surviving spouse then claims her legal right share in these scenarios which is generally two thirds with the remaining one third going to children.

 

[Electric Sheep]

However, in North Carolina, marriage does NOT invalidate a previously made will.

So how would this go in the event of a not guilty verdict for Molly? Would the will be executed from Ireland or from NC? $10,000 or 2/3 of the estate?

 

[stmarysmead]

If they are found not guilty, the Corbetts can file a wrongful death suit. These are much easier for plaintiffs to win. The Marten sfamily, Father and daughter, may well end up with nothing of Jason's estate and a great deal of whatever Father and daughter are worth being awarded to the Corbetts.


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[Electric Sheep]

Does a wrongful death suit prevent the execution of a will until it is over?

 

[Frizby]

However, in North Carolina, marriage does NOT invalidate a previously made will.

So how would this go in the event of a not guilty verdict for Molly? Would the will be executed from Ireland or from NC? $10,000 or 2/3 of the estate?

That is a good question, no idea on the answer though as you have an American marriage, tangible assets mainly in the US but citizenship in Ireland. For the purpose of tax, if in the UK for example, it would the UK that determines the tax on the asset as it is the assets of the deceased which deems the tax bill whereas in Ireland the tax is based on who is inheriting. Remember the case of Richard Burton, the UK got their hands on tax even thought he lived in America for over 30 years. His will, however, was executed in the US. But this is only on tangible assets, when it comes to children I think it is a whole new ball game and only one that can be played out in a court of law. In Ireland, the will would be considered the main intention unless there had been a legal adoption even if there was a marriage.

 

[Hotchips]

However, in North Carolina, marriage does NOT invalidate a previously made will.

So how would this go in the event of a not guilty verdict for Molly? Would the will be executed from Ireland or from NC? $10,000 or 2/3 of the estate?

Not sure about this. As far as I am aware wills made in Ireland have to be probated in Ireland and where there are assets outside of ireland I.e. overseas stocks and shares, property etc , a Grant of probate/administration must be taken out in that country in order to release them. Depends on whether an Irish made will is recognised in NC for probate purposes. It may have no standing at all for probate purposes. I wouldnt in ireland unfortunately. Plus he did not own the property in NC when he made the Will so it could be a tricky one really. I expect the legal right share may come into play here if she is not convicted. I think the estate won't be distributed until a verdict has been reached. The bank accounts etc will be used as part of the prosecution evidence so I'd say they will remain frozen til its over. Maybe I'm wrong here.

 

[Hotchips]

That is a good question, no idea on the answer though as you have an American marriage, tangible assets mainly in the US but citizenship in Ireland. For the purpose of tax, if in the UK for example, it would the UK that determines the tax on the asset as it is the assets of the deceased which deems the tax bill whereas in Ireland the tax is based on who is inheriting. Remember the case of Richard Burton, the UK got their hands on tax even thought he lived in America for over 30 years. His will, however, was executed in the US. But this is only on tangible assets, when it comes to children I think it is a whole new ball game and only one that can be played out in a court of law. In Ireland, the will would be considered the main intention unless there had been a legal adoption even if there was a marriage.

Yes I agree in terms of the children, the wishes in a will would most likely be taken into account usually by way of a legal case but the assets are a different ball game. I do know if someone is living in ireland and is a citizen of ireland owns property or any asset like shares in the UK , these must be probated in the UK. Taxation plays a big part. Ireland doesnt seem to have jurusdiction as far as I am aware over overseas assets as taxation comes into play. Before any irish assets can be distributed in Ireland, clearance from revenue must be got. Still a Will made prior to a marriage can be contested. I know of a neighbour from home whose husband cut her completely out and left everything to the children including the family home which she lived in and she successfully applied and got her legal right share. Different circumstances though she hasn't been involved in her husbands death! It is unusual he didn't make a new Will even when he bought the house in NC though at the time he had no idea what the future held.

 

[Electric Sheep]

Not sure about this. As far as I am aware wills made in Ireland have to be probated in Ireland and where there are assets outside of ireland I.e. overseas stocks and shares, property etc , a Grant of probate/administration must be taken out in that country in order to release them. Depends on whether an Irish made will is recognised in NC for probate purposes. It may have no standing at all for probate purposes. I wouldnt in ireland unfortunately. Plus he did not own the property in NC when he made the Will so it could be a tricky one really. I expect the legal right share may come into play here if she is not convicted. I think the estate won't be distributed until a verdict has been reached. The bank accounts etc will be used as part of the prosecution evidence so I'd say they will remain frozen til its over. Maybe I'm wrong here.

The will would not be executed in Ireland, as it would be deemed invalid. But would/could the estate be probated there despite the lack of a valid will?

If Ireland has no equivalent of the "Slayer" laws, is it possible that even from prison Molly could inherit under Irish law? I am thinking of Eamon Lillis, who killed his wife but still inherited 1/2 of their joint assets.

 

[Frizby]

Yes I agree in terms of the children, the wishes in a will would most likely be taken into account usually by way of a legal case but the assets are a different ball game. I do know if someone is living in ireland and is a citizen of ireland owns property or any asset like shares in the UK , these must be probated in the UK. Taxation plays a big part. Ireland doesnt seem to have jurusdiction as far as I am aware over overseas assets as taxation comes into play. Before any irish assets can be distributed in Ireland, clearance from revenue must be got. Still a Will made prior to a marriage can be contested. I know of a neighbour from home whose husband cut her completely out and left everything to the children including the family home which she lived in and she successfully applied and got her legal right share. Different circumstances though she hasn't been involved in her husbands death! It is unusual he didn't make a new Will even when he bought the house in NC though at the time he had no idea what the future held.

Which goes to prove what I said about the taxation system. If you live in Ireland, and are there for tax purposes, you are taxed on worldwide assets during your lifetime. If however you dies, your estate is distributed and the tax is based on the relationship to the deceased and also the residency of the person inheriting, unlike the UK where the tax is based on the deceased. For minor children, the case would not be so simple, a whole different ballgame.

 

[Frizby]

The will would not be executed in Ireland, as it would be deemed invalid. But would/could the estate be probated there despite the lack of a valid will?

If Ireland has no equivalent of the "Slayer" laws, is it possible that even from prison Molly could inherit under Irish law? I am thinking of Eamon Lillis, who killed his wife but still inherited 1/2 of their joint assets.

She would not be entitled to claim any Irish Law for the purpose of Slayers Law, the Eamon Lillis case as you pointed out really exposed the hole that still exists in this area. The will would be invalid for the purpose of tangible assets but the intentions of the deceased (& blood relatives) would be taken into account for the purpose of non tangible assets (horrible speaking of children in this manner) but also so would the fact that no adoption had taken place.

 

[Hotchips]

The will would not be executed in Ireland, as it would be deemed invalid. But would/could the estate be probated there despite the lack of a valid will?

If Ireland has no equivalent of the "Slayer" laws, is it possible that even from prison Molly could inherit under Irish law? I am thinking of Eamon Lillis, who killed his wife but still inherited 1/2 of their joint assets.

Very good question!! If she was residing in Ireland and their family home was there she would bring a case there for her legal right share most likely on the basis no later subsequent will was made and they had not legally separated etc but as the property/bank accounts are in the US I don't think the probate office in ireland would deal with it. I must look into that! Probate in ireland is incredably slow when things are straight forward. However, if jason had moved money to ireland prior to his death which i believe the police were looking for evidence of , that could be probated in ireland if she brought a claim for legal right share. Yes eamon Lillis claimed his legal share however France had a similar slayer law and he didn't get anything from their property in France. He was released a while ago I believe and lived in the UK for a while with a sister until he sorted his financial affairs out and bought a property in dublin much to the horror of his new neighbours. I am unsure whether he instituted his case from prison or after release. I may be incorrect but I think Eamon's late wife's will left everything to him and was made after their marriage so it was valid even though he killed her.

 

[Electric Sheep]

Very good question!! If she was residing in Ireland and their family home was there she would bring a case there for her legal right share most likely on the basis no later subsequent will was made and they had not legally separated etc but as the property/bank accounts are in the US I don't think the probate office in ireland would deal with it. I must look into that! Probate in ireland is incredably slow when things are straight forward. However, if jason had moved money to ireland prior to his death which i believe the police were looking for evidence of , that could be probated in ireland if she brought a claim for legal right share. Yes eamon Lillis claimed his legal share however France had a similar slayer law and he didn't get anything from their property in France. He was released a while ago I believe and lived in the UK for a while with a sister until he sorted his financial affairs out and bought a property in dublin much to the horror of his new neighbours. I am unsure whether he instituted his case from prison or after release. I may be incorrect but I think Eamon's late wife's will left everything to him and was made after their marriage so it was valid even though he killed her.

I wonder - since Jason was on a work-related visa, and (as far as we know) had not applied for permanent residency or citizenship in the US, could he be deemed to be still living in Ireland, but working abroad?

That would be a bit hard to pull off, with having bought the house in NC. But Molly might try it. However, if the distribution of the estate is determined by the residence of the inheritor (if I understood that correctly) I guess the point is moot.

I can see how this could all get dragged out for years in the courts. I guess the moral of the story is update your will after life changing events like marriage, divorce, widowment, having kids, and protect the interests of your kids from a previous marriage before remarrying.

 

[Hotchips]

She would not be entitled to claim any Irish Law for the purpose of Slayers Law, the Eamon Lillis case as you pointed out really exposed the hole that still exists in this area. The will would be invalid for the purpose of tangible assets but the intentions of the deceased (& blood relatives) would be taken into account for the purpose of non tangible assets (horrible speaking of children in this manner) but also so would the fact that no adoption had taken place.

She doesnt have a leg to stand on where the children are concerned. She has no legal standing in relation to them regardless of the years she spent with them and they couldn't return to the US without the appropriate adoption/custody papers plus visas which she won't get . She might have had some chance if he had an updated Will subsequent to their marriage giving her guardianship but they would have most likely been removed from her care by now or at least at some point in the future while the case is ongoing.

 

[Frizby]

I wonder - since Jason was on a work-related visa, and (as far as we know) had not applied for permanent residency or citizenship in the US, could he be deemed to be still living in Ireland, but working abroad?

That would be a bit hard to pull off, with having bought the house in NC. But Molly might try it. However, if the distribution of the estate is determined by the residence of the inheritor (if I understood that correctly) I guess the point is moot.

I can see how this could all get dragged out for years in the courts. I guess the moral of the story is update your will after life changing events like marriage, divorce, widowment, having kids, and protect the interests of your kids from a previous marriage before remarrying.

For the purpose of many laws, your domicility is the hardest to relinquish. Your domicility can often determine how a state deals with you and your estate. Updating your will for the purpose of non-tangible assets is a must. Tangible assets can be grabbed by your state of origins if the law permits.