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Old 09-02-2009, 06:57 AM #11
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This is a question for a lawyer in the state which reside. I believe it would be an estate lawyer specifically, but don't quote me on that.

I would think most states would probably seize the property or at least try by making you prove it was obtained by legal means. I don't see them turning down the money. I don't think they would care about you or your family its the government.
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Old 09-02-2009, 10:44 AM #12
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Intelligent response. But do you need to charge a person to seize property? Can’t you charge the property itself with the crime of growing cannabis?

It’s my understanding that forfeiture laws rest on peculiar legal fictions that date back to feudal times or earlier, wherein inanimate objects are given life and then forfeited to the government for "their" criminal misconduct.
Yeah, it's my understanding that when your house is seized all you really become is an "advocate" for the defense of the property.

If you die, there would be no advocates unless in your will you told your heirs to become the advocates and then they would have to go thru the civil court process of trying to keep your property from being seized.
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Old 09-03-2009, 04:11 AM #13
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I know of a guy who died with a pretty sizable grow in the basement.
Guy OD'd - live in girlfriend found him dead and called cops. The house was a rental but she was not charged. I'd say she got lucky - the odd thing is the cops didnt even take the equipment. It was later sold to another grower by the girlfriend..talk about odd.

- -

I often ponder the same. If I die and cops discover grow in a 2nd bedroom. Would my live in girlfriend be charged? It'd be pretty difficult to deny the grow a room over - let alone the mind state that she would be in at the time.

The reverse also concerns me equally...if not more.

If I come home and discover my live in girlfriend had died in the house how do you go about calling the cops and dealing with it all. Girlfriend/Wife dead and a sizable grow in the house - do you then start dismanteling everything before calling the cops.

You wait to long or move the dead you are then a prime suspect.

Of course there are many variables in this hypothetical.
What would you do in either event?


nice post -
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Old 09-03-2009, 04:22 AM #14
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It’s my understanding that forfeiture laws rest on peculiar legal fictions that date back to feudal times or earlier, wherein inanimate objects are given life and then forfeited to the government for "their" criminal misconduct.
Leave it to the shit tastic US government to press charges on an anthropomorphisized object. Fucking chuckle heads. I hate those ass hat laws that make no sense... pretty much all of em.
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Old 09-03-2009, 07:08 AM #15
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Originally Posted by Hella THC View Post
Leave it to the shit tastic US government to press charges on an anthropomorphisized object. Fucking chuckle heads. I hate those ass hat laws that make no sense... pretty much all of em.
he he he... you said ass hats... roflmao...
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Old 09-04-2009, 04:53 AM #16
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Originally Posted by OldMan&theWeed View Post
Intelligent response. But do you need to charge a person to seize property? Can’t you charge the property itself with the crime of growing cannabis?

It’s my understanding that forfeiture laws rest on peculiar legal fictions that date back to feudal times or earlier, wherein inanimate objects are given life and then forfeited to the government for "their" criminal misconduct.

Then it shouldnt be difficult to find plenty of case precedent where peoples estates have been posthumously forfeited to the state for crimes they were never charged with.

I would agree if house forfeiture was a consistant normal part of simple grow busts but its not. In fact I dont know of any casual growers that got busted and were forced to forfeit their house. Dead or alive.
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Old 09-04-2009, 05:09 AM #17
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If this were true, then absentee landlords would forfeit their property when renters are caught growing.

I'm dead, my friends and family ain't gonna get in trouble for my hobby.

The law has to catch you alive to punish you for a crime.

Being dead is like a get out of jail free card.
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Old 09-04-2009, 06:06 AM #18
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The law has to catch you alive to punish you for a crime.

Being dead is like a get out of jail free card.
Tell that to your creditors.

You really didn't think it would be that easy did you?

your debt WILL be passed on to the living. It's now their debt.

Dept is like forfeiture, it's against an inanimate object, not an actual person and this can be passed on to others.
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Old 09-04-2009, 06:47 AM #19
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Tell that to your creditors.

You really didn't think it would be that easy did you?

your debt WILL be passed on to the living. It's now their debt.

Dept is like forfeiture, it's against an inanimate object, not an actual person and this can be passed on to others.
If it has a title, deed, or lien sure .. if not then the creditor is usually screwed. My dad died with thousands in credit card debt that the estate never paid a penny to and no one came after us.
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Old 09-04-2009, 06:49 AM #20
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Mwahahaha, I've got it figured out. I have no kids.

I signed the property over to the Nature Conservancy in my will.

They got tons of lawyers. They'll never get their hands on it.

Them creditors is screwed.... heeheeheehee too bad Visa!
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