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Posted by tony 1 year ago In:

tony
tony Asked:

Transfers

has anyone heard of a relative relief transfer for a state inmate

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Answers

Leagle
Leagle Answered:

Transfer of real and personal property is always a nasty item when one spouse is incarcerated.  Who owns what?  If the incarcerated spouse is in for life, then the State presumes divorce, with custody of children and all community property going to the free spouse. 

In rare cases, where one spouse has killed the other, there are children, pets, and property to be considered, then the Court takes jurisdiction, makes the children Wards of the Court, and assigns custody to the nearest blood relative other conditions permitting.  Anyone who says Family Law is simple has never plead a case. 

In such cases we consider Intestate Law, as it bears on the distribution of property where there is no valid Last Will and Testament.  Each case presents a number of challenges.  Quite often there is no precedent for the Judge to consult. 

Hence Judges sometimes resort to Interlocutory Judgments to see if their placement and distribution of property was appropriate, or if the minors involved need a state appointed guardian to protect them from others who simply are not to be trusted with their care and their assets.

I have posted my opinion on AOL Answers as a public service. These opinions are not intended as legal guidance nor do they create a counsel-client relationship. I recommend that you also consult counsel where you have an actionable case or so have reason to believe. E. Carter, Esq.
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