INHERITANCES TIED TO ORDER OF BENOIT DEATHS
- 08/15/2007 (12:35:34 am)
- Atlanta Journal
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This was in today's Atlanta Journal from Wayne Berman:Inheritances tied to order of Benoit deaths
Whether wife or son died first plays key role in who gets wrestler's estate, so in-laws question initial findings.
By JOHN HOLLIS
The Atlanta Journal-Constitution
Published on: 08/15/07
The family of Chris Benoit's wife is questioning whether she or her son died first at the hands of her husband nearly two months ago. The answer could determine who inherits millions of dollars from the pro wrestler's estate.
Authorities say Benoit killed his wife, Nancy, on June 22 and then killed their son, Daniel, the next day before taking his own life at their Fayetteville home.
If Nancy, who did not have a will, died first, then her estate would flow into Daniel's, said Cary Ichter, one of the two Atlanta-based attorneys for Benoit's father, Michael. That means Daniel's two half-siblings from Chris Benoit's previous marriage would stand to inherit Benoit's fortunes, which include two lavish homes, several bank accounts and lucrative investments, Ichter said.
But if Daniel died first, then the estate would have flowed to Nancy before her death. In that case, her family stands to reap the inheritance.
"We don't think it's absolutely as clear as initially thought as for the order of deaths," said Richard Decker, the Atlanta-based attorney for Nancy's parents, Paul and Maureen Toffoloni of Daytona Beach, Fla. "It could be important as to who died first."
A joint motion filed in the Fayette County Superior Court late last week by the Toffolonis and Michael Benoit, the administrator of his son's estate, seeks a determination of the order of deaths so that estate issues can be finalized.
An initial Probate Court hearing has been scheduled for Aug. 28, but the issue of order of death is expected to be addressed later.
Georgia law stipulates that Chris Benoit is legally considered to have died first in the house. The intent of the "Slayer's Statute" is to make sure neither the killer nor his heirs profit from their crimes.
Benoit had two children, David and Megan, from a previous marriage to Martina Benoit. As Daniel Benoit's legal next of kin, they would be next in line for the inheritance.
Martina Benoit declined comment when reached by telephone Tuesday evening.
Susan Zwaenepoel of Edmonton, who represents Martina Benoit and her children, did not return calls seeking comment Tuesday afternoon.
The Georgia Bureau of Investigation performed autopsies. The Fayette County Sheriff's Department has received the oral results, but was still awaiting the final written version as of late Tuesday afternoon.
The GBI has declined any further comment.
Fayette County District Attorney Scott Ballard has said evidence recovered at the scene indicated Nancy Benoit died sometime on June 22, while Daniel Benoit lived until the next day. Ballard has cited varying levels in the decay of the bodies as proof.
He stood by those assertions Tuesday.
"I'm pretty confident with what the medical examiners found," Ballard said.
Dr. Michael Heninger of the Fulton County Medical Examiner's Office, who was not involved in the investigation, warned against expecting the final autopsy results to erase all lingering questions.
"It may all be difficult," Heninger said, adding that other variables such as body size and temperature play big roles in the speed by which bodies decompose. "Big people stay warmer longer. Smaller people can dry out and mummify faster, particularly in their hands and feet. We can't always be as precise as people want us to be."
One thing that is clear is that all three family members were still alive as of dinnertime that Friday.
Renee Ramthun, the owner of Fayetteville-based Aqua Pro, confirmed a two-man crew from her company visited the Benoit home that Friday between 6 and 6:15 p.m. to clean the family pool. Both men reported seeing all three family members outside with nothing appearing out of the ordinary.
Ichter sounded confident in the initial findings after conferring with Dr. Kris Sperry, Georgia's top medical examiner.
"We think they got it right," Ichter said.
The Toffolonis, however, contend the levels of decomposition could simply be attributed to the varying temperatures of the rooms in which the bodies were found. Authorities discovered Nancy Benoit's body in an upstairs den of the house, wrapped in a towel with her wrists and feet bound. A heavily sedated Daniel was found dead in his pajamas atop his bed in his upstairs room.
The Fayette County Sheriff's Department reiterated this week it had no reason to contradict its original findings.
In another development, one of the lawyers for Dr. Phil Astin III, who was Benoit's physician, has filed a motion to suppress evidence seized in what he called an illegal search of the Carrollton doctor's office on June 27.
Manny Arora said the court order authorized federal agents to take only records pertaining to Chris Benoit and not those of five other patients as well.
Astin, who has been quoted as saying he prescribed steroids to Benoit, has been indicted on federal charges of overprescribing to two patients, neither of whom were Benoit.
Arora said he plans to file similar additional motions later this week.
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