By Charles V. Bagli | The New York Times
Kathleen McCormack Durst disappeared from her home in Westchester County nearly 34 years ago, on a cold January night, only months before she would have graduated from medical school. It was the beginning of an enduring mystery.
On Monday, Ms. Durst’s mother, Ann McCormack, who is 101, and three sisters — Carol Bamonte, Mary Hughes and Virginia McKeon — filed a $100 million lawsuit against the man they have long suspected of killing her: Robert A. Durst, her husband. The lawsuit contends that Mr. Durst violated the McCormack family’s right to sepulcher, a rarely used New York law granting family members the immediate right to possession of a body for burial.
“Thankfully there are underlying public policy considerations that place limitations on estate planning and asset protection. Estate planning and asset protection are not tools to facilitate malfeasance, and it appears Mr. Durst has already seen that reality and may continue to with this next round of trouble.”
~ Tim Heileman, estate and asset protection attorney