Monica Burgos Beresford Redman the wife of a guy who had been a producer for the show Survivor and other shows her will has now been filed with California probate court as TMZ reports. Link for a copy of her will. It leaves all her property to her husband and names him as the personal representative. It also mentions one child as it was prepared in 2004 although they had 2 children at the time of her passing.
This raises the issue of a pre termitted child. Most states have a statute which states what would happen if a child is born after the will is prepared. Since I am not a California Probate Attorney and this blog focuses on Florida Probate Law and Florida Will Law I will mention that in Florida it is Florida statute 732.302 which would control. Basically the child gets an intestate share regardless of what the will says unless it appears that it was intentional they were not provided for or there were one or more children at the time of the will and substantially all of the property was left to the parent of the pre termitted child. Although she had left all her property to the father of such child it will be interesting to see as they may receive everything. If he were to be convicted of killing his wife he would not be entitled to receive anything and would be treated as pre deceased so it would all pass to the children with her someone else looking out for the children's property while they are minors.
Currently he is a "person of interest" and has not been charged or arrested with anything. However she was found in a sewer nearby where they were staying on their vacation having appeared to have been strangled. Emails that a close friend of his wife sold to an online website Radar Online and which had been given to authorities by her mom purport to show that he was having a long term affair and that he was only happy with his mistress so he would leave the family for her. Another website reported that she had taken out a lot of money from joint bank accounts shortly before the trip. While entitled to presumption of innocence authorities had prevented him from leaving the country for a while and have been closely investigating his involvement the kids had been staying with her sister but then were temporarily given to his parents.
As the LA Times mentions he seen violently and loudly arguing with his wife shortly prior to her death then had scratch marks on his arms when seen just after she was found strangled during which she likely would have scratched the attacker.
An interesting distinction in California Probate Law code section 250 it says A person who feloniously and intentionally kills the decedent is not entitled to any property interest or benefit under a will of the decedent. The code also prohibits any killer to serve as executor or personal representative as they are known for Florida probate purposes or as a trustee. For this case the California statute will apply. Unless he were convicted of a felony he will receive his share of the probate estate and any survivorship rights pursuant to California law.
For Florida Probate cases however section 732.802 of the Florida Probate Code would control.
Unlike in California a felony is not required. It merely requires a finding that by a greater weight of the evidence the person unlawfully and intentionally killed or participated in procuring the death of decedent. If so they are treated as pre deceased and not entitled to anything under of the will or trust or anything that would pass by right of survivorship or similar manner.