had a case where a EMS tech. stole a cell phone from a person that died while in his care. The deceased was one day from his divorce being final from his current wife. The EMS is arrested and has pled to theft-Class A. Now, the mother and "wife" are requesting to take possession of said cell phone. Mother has paper work that shows that the victim had purchased the cell phone about two days before dying. The "wife" is saying that since she was still "married" to the victim she has the right to the cell phone. should there be a Chapter 47 (CCP) hearing, if not who would have the right to take possession of the cell phone.

If they had not finalized the divorce and, a la Ken Lay, even if they had but 30 days had not elapsed, phone still belongs to wife.

I would advise the interested parties to have a seizure hearing at the local jp and let him decide.

I don't practice much family law but if the decree has not been issued then I think the phone belongs to wifey, as per the community property presumption.

But again, I'd let a jp make the decision. That's why they make the big bucks.