Families of Benoit, slain wife in court over estate
The Associated Press - FAYETTEVILLE, Ga.
The father of pro wrestler Chris Benoit questioned Benoit's mental state when he killed his wife and son before killing himself, suggesting he may have had "diminished capacity."
During a Tuesday estate hearing, attorneys for Michael Benoit said that would mean the state's "slayer's statute" _ which keeps a killer or their heirs from profiting from the crime _ would not apply.
Chris Benoit killed his wife, Nancy, and 7-year-old son, Daniel, in June before hanging himself in their Fayetteville home, authorities said.
"Chris' actions in doing this are wholly at odds with the person I knew him to be and everybody else who knew Chris," said Cary Ichter, one of two Atlanta attorneys representing Michael Benoit at the probate court hearing. "He was the model father. He was the model husband. He was a great guy, as nice a person as you'd ever want to meet."
A toxicology report showed Chris Benoit had extremely elevated levels of testosterone in his body but no other illicit drugs or alcohol.
In another development, Judge Martha Stephenson designated Michael Benoit as the permanent administrator to Chris Benoit's estate, while Nancy Benoit's mother, Maureen Toffoloni, assumes that same role for the estates of Nancy Benoit and Daniel.
The decision could help defuse tension between the families, who had objected to one another as estate administrators. Neither Chris Benoit nor his wife had wills.
It could be months before the court determines the issue of heirs. Whether Nancy Benoit died before Daniel will determine whether control of millions of dollars goes to Chris Benoit's two children from a previous marriage or to the Toffoloni family.
If Nancy Benoit died first, as authorities have said, then her estate would flow to Daniel's. His subsequent death would then mean his two half-siblings would be next in the line of inheritance per Georgia law.
But if Daniel died first, then the estate would have flowed to Nancy Benoit before her death. In that case, her family stands to get the inheritance.
Officials have said Chris Benoit killed Nancy Benoit before Daniel. Her family has contested that finding.
As part of Tuesday's agreement, neither side is allowed to spend any estate assets without court order or without the consent of all the parties involved. All sides also agreed to refrain from further legal actions without court permission.
