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Will Filed in 'Survivor' Wife's Murder

5/8/2010 4:25 AM PDT BY TMZ STAFF

TMZ has obtained the will left by Monica Burgos Beresford-Redman ... and she left all her property to her husband, former "Survivor" producer Bruce Beresford-Redman -- the man who has been called "a person of interest" in her murder.

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Under the will -- drafted in 2004 -- Monica leaves her jewelry, clothing, furniture, cars, books, real property and everything else to Bruce.

The will names Bruce as the executor, but if he is unable to serve, Monica's sister, Jeane Burgos-Carrno, is the alternate executor.

The will states if a guardian of her child becomes necessary (at the time they only had one child -- they now have 2), Monica's other sister -- Carla Ferreira-Burgos -- will become the guardian.

However California Probate Code (sec. 250) 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 forbids, "any nomination of the killer as executor, trustee, guardian, or conservator."

Remember, Bruce has not been arrested or charged in Monica's killing.

A court has made Bruce's parents the temporary guardians of the 2 kids.  They are asking for permanent guardianship.

25 COMMENTS

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16.

TheUltraworld    

The only trouble is this all ocurred in Mexico. What do Mexican Laws say? Will he be tried there?

1575 days ago
17.

Brad    

People -- you don't understand the law or the legal system. Stop saying "the killer gets to keep money!" and "The parents raised one murderer now why do they get to keep his kids only to raise more!" when it's just not the truth. The husband's parents only have temporary custody, as a court quickly acted to have the children and their needs looked after, after the death of their mother. If the husband hasn't been officially charged with a crime yet then technically he still has all his parental rights in place. If such time as he can't be their parent ie if he is found guilty of murder and goes to jail, then the wife's nomination that the sister have custody will most likely take affect. The sister will probably petition the courts earlier for custody of course, this being a high profile case, the courts will probably consider what to do, but can't take the custody away from the father until he can't parent them himself. As far as the money under her will, if he's found guilty of killing her, under CA's slayer statute, as described in the article above, he won't get her money and he won't be able to act as his ex wife's personal representative. The next "takers" under the will are most likely the children themselves as her survivors, so the money will most likely be held for their benefit in trust. Don't worry -- if this creep killed his wife the only thing he has to worry about is how he's going to occupy his mind in prison, and his children will be provided for!

1575 days ago
18.

criminal_defense_attorney    

1. The crime occured in Mexico and thus, the United States has no jurisdiction/right to criminally prosecute the person responsible - Mr. Beresford-Redman or somebody else. Likewise, if a Mexican citizen allegedly murdered another Mexican citizen in the United States the U.S. would have sole jurisdiction to criminally prosecute the alleged murderer.



2. Mr. Beresford-Redman has not been charged, let alone convicted, of ANY crime(s) in Mexico. As such, he had the right to nominate his parents to be guardians of his two children. Monica Bersefore-Redman's sister also applied for guardianship of the children but the California court granted temporary guardianship powers to Mr. Beresford-Redman's parents with the right of liberal visitation of the children by Mrs. Beresford-Redman's sisters.



3. A criminal conviction will 100% preclude Mr. Beresford-Redman's right to inherit from Mrs. Beresford-Redman's Will (keep in mind she can only bequeth in her Will that property that is hers and Mr. Beresford-Redman can keep all of the property that is his). However, even if a criminal conviction is never obtained in Mexico Mrs. Beresford-Redman's family can sue in a California civil court asking the court to declare Mr. Beresford-Redman responsible for his wife's murder and thereby preclude him from inheriting Mrs. Beresford-Redman's estate (and the standard is only preponderence of the evidence (i.e. 50%+) in a civil trial). The reason the U.S. has no jurisdiction in the criminal case but does have jurisdiction in the civil case is too complicated to try to explain to non-lawyers in this posting.



4. One of the main reasons Mr.Beresford-Redman has not been arrested is because the Mexican police have a HUGE evidence problem. Specifically, the "sewer" where Mrs. Beresford-Redman's body was found on Thursday was apparently searched by police on the Tuesday that Mr. Beresford-Redman reported his wife missing and her body was not found in the "sewer" when the Mexican police searched it on Tuesday. That's a big problem that a good criminal defense attorney is going to mention every time possible because her body wasn't in their room, so if Mr. Beresford-Redman was the person who killed her then why wasn't she found in the "sewer" the first time the police looked in there on the Tuesday he reported her missing? There have also been two other deaths of tourists under suspicious cir***stances at this same hotel in the last two years and a good defense attorney will also beat that fact again and again and again.



5. Given the facts contained in the preceding paragraph four, criminally prosecuting Mr. Beresford-Redman is going to be extremely difficult. Furthermore, while there is plenty of cir***stantial evidence that he might have committed the crime, there is ZERO direct evidence (e.g. witnesses, video, etc.) that he killed his wife and, he may actually be innocent of killing her. This case is not a "slam dunk" conviction AT ALL.

1574 days ago
19.

ac    

Well, Mr. 'Criminal_Defense_Attorney'... we all know... that life is a Bi... but, there is the big picture for all this... and for those who believe in God and Universal Law... he will never get free from it, and anyone who defends him will also pay for it, even if it means to enjoy some 'unfair free time down here on earth', him, and whoever helps him, for sure, will end up in hell!! So... justice will be made, in one way or another! No doubts for that one! :)

1573 days ago
20.

criminal_defense_attorney    

AC,



When I read comments like yours it reminds me why I became a criminal defense attorney. You have no certainty that Mr. Beresford-Redman killed his wife yet, based purely on sensationalistic news reports, you have already decided he is guilty and determined that he should spend the rest of his life in jail and then "burn in He11" for eternity. Given how judgmental you are, and how angry your soul seems to be, perhaps you should worry about yourself and your personal salvation instead of worrying so much about somebody you don't even know. Sad.

1571 days ago
21.

anonymous    

THIS INVESTIGATION IS TAKING DISCUSTINGLY LONG, AND THEY NEED TO WRAP IT UP AND GET HER KILLER HUSBAND BEHIND BARS. THE DEATH PENALTY WILL BE JUST FINE. LET HIM EXPERIENCE WHAT HE DID TO HER..NO, SHE WENT THROUGH TONS MORE. WHAT A HORRIBLE PERSON HE IS...HORRIBLE...HER SISTER SHOULD HAVE THE TWO CHILDREN, CERTAINLY NOT HIS PARENTS. NO OFFENSE TO HIS PARENTS, BUT THE KIDS SHOULD NOT BE WITH HIS PARENTS, SINCE HIS PARENTS CHILD, BRUCE, KILLED THE KIDS MOTHER. I TRULY BELIEVE HE KILLED HER, AND HE WAS HAVING AFFAIRS AS WELL.. THIS MEXICAN INVESTIGATION CANT BE LEGAL...IT IS WAY TOO LONG. NO WONDER HE KILLED HER IN MEXICO....HOPE THEY HAVE THE DEATH PENALTY THERE. IF NOT LET HIM ROT IN JAIL WITH A LIFE IN PRISON WITHOUT PAROLE. SICKO..HE CAN NEVER BE AROUND THEIR CHILDREN EITHER. WHAT DO HIS PARENTS THINK. THEY PROBABLY STICK UP FOR HIM. BAD FOR THE KIDS...GET THEM TO HER SISTER IMMEDIATELY. POOR KIDS...

1571 days ago
22.

anonymous    

THIS INVESTIGATION IS TAKING DISCUSTINGLY LONG, AND THEY NEED TO WRAP IT UP AND GET HER KILLER HUSBAND BEHIND BARS. THE DEATH PENALTY WILL BE JUST FINE. LET HIM EXPERIENCE WHAT HE DID TO HER..NO, SHE WENT THROUGH TONS MORE. WHAT A HORRIBLE PERSON HE IS...HORRIBLE...HER SISTER SHOULD HAVE THE TWO CHILDREN, CERTAINLY NOT HIS PARENTS. NO OFFENSE TO HIS PARENTS, BUT THE KIDS SHOULD NOT BE WITH HIS PARENTS, SINCE HIS PARENTS CHILD, BRUCE, KILLED THE KIDS MOTHER. I TRULY BELIEVE HE KILLED HER, AND HE WAS HAVING AFFAIRS AS WELL.. THIS MEXICAN INVESTIGATION CANT BE LEGAL...IT IS WAY TOO LONG. NO WONDER HE KILLED HER IN MEXICO....HOPE THEY HAVE THE DEATH PENALTY THERE. IF NOT LET HIM ROT IN JAIL WITH A LIFE IN PRISON WITHOUT PAROLE. SICKO..HE CAN NEVER BE AROUND THEIR CHILDREN EITHER. WHAT DO HIS PARENTS THINK. THEY PROBABLY STICK UP FOR HIM. BAD FOR THE KIDS...GET THEM TO HER SISTER IMMEDIATELY. POOR KIDS...

1571 days ago
23.

ac    

Ha, ha, ha! Mr. 'criminal_defense_attorney' its not me that you have to convince of anything... You are patetic! I'm sorry you choose a a dificult job for your life... I have nothing to do with your personal choices! ha, ha, ha!! We have free will to choose whatever for this life... even to become a murderer! God is so amazing that he even allow us to do that... Now... each one of us, individualy, have to deal with the conseguences of our own choices. You can bark how much you want Mr., but its not my ass who will end up bitten!! Ha, ha, ha!! Good luck on that one!! Ha, ha, ha!! :P

1570 days ago
24.

criminal_defense_attorney    

Bom dia AC! Tudo bom?
It's not going to be my ass that gets bitten and given that it's been more than one month since Mrs. Beresford-Redman's corpse was found in a sewer and her husband is still free it's beginning to look like he's not going to get bitten either. Also, I wish that I was Mr. Beresford-Redman's attorney because I would enjoy helping him not "get bitten" because I believe he is not guilty beyond a reasonable doubt. I would enjoy watching him walking back into his house in Los Angeles hand-in-hand with his children once the Mexican authorities determine that they shall not prosecute him because they know that they cannot prove that he killed Mrs. Beresford-Redman. To celebrate maybe he and I would go to Rio de Janeiro during Carnivale and watch all the barely dressed Brazilian girls shake their a$$es during the parades. I use to date a Brazilian girl (from Florianópolis) and I can tell by the way that you write English that you're a Brazilian girl. Maybe Mr. Beresford-Redman and I would see you shaking your a$$ in one of the Carnivale parades. Abraços e Beijos!
Sinceremente, Criminal_Defense_Attorney

1569 days ago
25.

ANA    

I bet the kids are not very happy with those weird grandparents. By the way, were the kids examined or inquired? Their mom was killed in the apt they were staying. The CRIME PRODUCER probably doped them to erase her. The judge was probably bought off and is protecting the american murderer

1563 days ago
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