LAWYER SAYS BENOIT ESTATE FIGHT COULD BE RESOLVED SOON
  • 12/18/2007 (10:23:31 am)
  • Media

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ATLANTA (AP) _ A lawyer for Chris Benoit's father says a fight over the estate of the pro wrestler -- who killed his wife, son and then himself in June -- could soon be resolved.

Separately, lawyer Cary Ichter said, the league Benoit performed in, World Wrestling Entertainment, has balked at the idea of making a financial contribution to Benoit's two surviving children from a previous marriage.

The dispute over the estate, estimated to be worth one-point-five million dollars to three millino dollars, involves a fight between the family of Benoit's slain wife, Nancy, and Benoit's father, Michael, who is acting on behalf of Benoit's other two children, who live in Canada.

Ichter told The Associated Press that he hopes to know in about a week whether the two sides will be able to resolve the dispute or if further litigation will be necessary. He declined to detail what terms are being discussed.

A central issue in the dispute is the order in which the killings occurred.

Lawyers for Benoit's mother-in-law, Maureen Toffoloni, filed a petition in August asking a court to determine the order of the deaths, which could affect whether she gets any of the estate, which includes two homes, several bank and investment accounts and other assets.

Investigators have repeatedly said that Benoit killed his wife, then their son and himself during the weekend of June 22nd at their suburban Atlanta home.

District Attorney Scott Ballard has said the wrestler used a cord to strangle his wife, then killed his son with a choke hold, then placed Bibles next to the bodies and hanged himself on a piece of exercise equipment.

According to Ichter, under that scenario, the estate would pass to Benoit's surviving two children.

Lawyers in the case have said that if the boy was killed first and then the wife, under Georgia law at least some of the estate would pass to Toffoloni.

That's because of a forfeiture statute that takes into account the fact that Benoit was the killer. As such, the law for purposes of estate distribution would consider Benoit to have died before his wife and son.

Ichter has said that if the boy was killed first, the estate would pass to the wife and, since she was killed, it would then pass to her family.

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