Benoit Mother-In-Law Asks Court to Determine Order of Murders for Estate Claims
Investigators in the case of the June 22 weekend Benoit family double murder-suicide have repeatedly stated that they believe that World Wrestling Entertainment (WWE) superstar Chris Benoit strangled his wife Nancy, then killed his son almost a day later before then committing suicide by hanging himself from his weight bench. That is the generally accepted timeline of horrific events leading up to the discovery of Benoit family's bodies in their Georgia home.
Now the tragedy continues. Nancy Benoit's mother, Maureen Toffoloni, has had her lawyers file a petition asking the court to rule on the order of the deaths, because the order in which the Benoit family died could affect whether or not she will receive a cut of the Benoit estate.
The order of the deaths will determine whether Chris Benoit's two children from a previous relationship or Maureen Toffoloni inherit two houses, investment accounts, bank accounts and other assets that are worth millions of dollars. Neither Chris Benoit or Nancy Benoit left a will directing how the estate should be distributed.
The home in which the Benoit family died is worth an estimated $1.5 to $3.5 million. The couple also owned another home in Georgia which was on the market for $400,000 at the time of their deaths. That home has not been sold and was taken off the market.
If the timeline of deaths that investigators have released is correct, the assets of the estate would be inherited by Chris Benoit's two living children. The children live in Canada with their mother. District Attorney Scott Ballard has said he believes the investigators' scenario and explanation of the order of the deaths to be correct.
Georgia's "slayer statute", a forfeiture statute, takes into consideration that Chris Benoit murdered his family. Under the statute, for purposes of distributing the estate, he will be considered to have died before his wife and son. Without the "slayer statute" the estate would have been distributed among Chris Benoit's surviving family members because he actually died last.
So, considering the law in Georgia, if Chris Benoit killed his wife first and then his son, the estate would go to the two surviving children. However, if Benoit murdered his son first and then killed his wife, Toffoloni would then be entitled to some of the estate as a survivor of Nancy Benoit.
One of Toffoloni's attorneys, Richard Decker, has said that he does not believe the order of events is clear. He is asking that the Fayette County court clarify the order of the deaths based on Georgia law, and not what has been widely portrayed in the media.
Tests revealed that Chris Benoit had roughly 10 times the normal level of testosterone in his system when he died. Police investigators have not said what the motive was for the murders, but there has been some question about steroid abuse and whether or not that played a part in the murders. There have been reports of anabolic steroids found in the Benoit home during the investigation. The WWE has said in their press releases that Chris Benoit tested negative for steroids during the last drug test they conducted on him and that they do not believe that "roid rage" played a part in the murders.
Congress has become involved with the investigation into drug and steroid abuse among WWE wrestlers since Benoit's death. The House Oversight and Government Reform Committee has asked WWE to submit a detailed copy of its drug policy, as well as to surrender relevant documents regarding steroid usage among its athletes, including any injuries, illnesses or deaths that might have been caused by steroid use.
There have been reports in the media alleging that Chris Benoit had a history of domestic violence. Nancy Benoit had filed for divorce at one point during the marriage, but later reconciled with Benoit and withdrew her divorce petition.
On August 28th there will be a probate court hearing over the appointment of estate administrators for the Benoit estate.
