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I hope someone can help me out with this asset forfeiture, as I have never run into this before.

While this would be easy to solve if the person died after the suit was filed, unfortunately the money at issue was found weeks after they found the body. The individual was a drug dealer and was killed. His girlfriend (who lived with him) came to speak with police and informed them that there was ~$15k in a closet of the house he was killed in that police hadn�t found. The girlfriend claims the victim and her were saving money. Although, she goes on to essentially admit it is all drug money so the proving it aspect is not a problem.

I was initially going to go under 59.04(k) but since she is claiming some of it is hers as well I don�t feel confident enough in doing that. Thus, my question is who do I serve or even name as a respondent on the victim�s behalf. Of course he has no will either. The best thing I can think to do is treat it as if the State were a creditor and go through probate court�I am really hoping that is not the way to go.

Any suggestions would be greatly appreciated. Thanks.
 
Posts: 2 | Location: Tyler, Texas, USA | Registered: April 11, 2011Reply With QuoteReport This Post
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