Drew Peterson Still In Jail

Will County Chief Judge Gerald Kinney is scheduled to hold a Thursday hearing regarding Judge Schoenstedt's removal.

Peterson, arrested on May 7, has been charged with first-degree murder in the 2004 death of his third wife, Kathleen Savio. While Savio's death was originally ruled an accident, attention brought to Peterson after the 2007 disappearance of his fourth wife, Stacy, caused Savio's body to be exhumed, autopsied again and reclassified as homicide.

As Peterson's conduct and actions with regard to Kathleen Savio are further examined, potential estate theft, an increasingly problematic issue, will likely become an aspect of this case - maybe even a motive for Savio's murder. A recent Chicago Tribune article (http://www.chicagotribune.com/news/local/chi-peterson-divorce-15may15,0,6241154.story) describes how upon Savio's death, "Peterson submitted a handwritten will signed by him and Savio specifying that in death all assets would go to the surviving spouse and appointing Peterson's uncle James Carroll as executor. All proceeds from Savio's estate -- valued at up to $288,000, according to court documents -- were handed to Peterson." A court-appointed public estate administrator was later quoted saying that Carroll's actions "were not in the best interests of the Estate or its beneficiaries." The administrator also noted that most of Savio's personal belongings had been removed from her home prior to the administrator's appointment in April, one month after her death.

Here's an interesting point. Kathleen Savio's body was discovered on March 1, 2004. Although an April 6 trial was scheduled to settle the distribution of their marital assets as well as child custody issues, Kathleen and Drew had been divorced since October 2003. And, Drew was already married to Stacy Peterson! Upon her death, Kathleen Savio was not married - definitely not to Drew Peterson - yet Peterson's uncle evidently treated this will (the document itself been questioned by some) as though Drew was a "surviving spouse."

Marshall v. Marshall, the long-running estate battle initiated by Anna Nicole Smith, is based upon Smith's claim that J. Howard Marshall II is alleged to have told her he wanted her to have half of his fortune. His carefully constructed estate plan made no mention of this desire and, in fact, it was known within his family/business circles that Marshall was providing for Smith during his lifetime in lieu of including her as an heir or beneficiary upon his death. If Smith (or now her estate) were to be awarded assets based on an unsubstantiated verbal claim, this could lower the standard for claiming assets from estates throughout the U.S. and functionally destroy traditional rights of inheritance.

For a number of years, much having to do with Drew Peterson seems to have been irregular yet accepted - not surprisingly given Illinois' reputation for embracing corruption over integrity when it comes to many public officeholders and policy. In the case of Kathleen Savio's alleged will, if this document is truly as it has been described and if Drew Peterson retains beneficial status, might the state of Illinois have potentially set a legal precedent that former spouses can now stand to inherit the assets of their past wife/husband as a "surviving spouse" despite being divorced? As with Marshall v. Marshall, allowing minimized standards to dictate the final distribution of a person's assets disrespects the decedent, opens the door to fraud and abuse as well as diminishes the rights of legitimate heirs and beneficiaries.

The court system and legal instruments such as wills, trusts, guardianships and powers of attorney are increasingly being used to loot assets of the dead and disabled/incapacitated. The will of Kathleen Savio is likely to become a significant component of Drew Peterson's murder investigation and trial. Asset looting through estate abuse is enjoying "growth industry" status. It's a complicated issue with many facets and attention generated by the Peterson/Savio case will help highlight the ease with which probate theft can occur and how it is becoming an increasing threat to American property rights.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com and may be contacted at info@EstateofDenial.com