- The battle is on to see who will get the estate of Chris Benoit. The Atlanta Journal-Constitution is reporting that it's a matter of who died in what order and the family of Nancy Benoit and Chris' father Michael filed a joint motion in the Fayette County Superior Court last week to find out the exact order of deaths so that the estate issues can be finalized. Nancy did not have a will, and if she died first, her estate would then go to Daniel. Since Daniel was murdered as well, his two half siblings living in Canada from Chris' previous marriage would inherit the fortunes an attorney for Benoit's father said. But if the son was killed first, the estate would go to Nancy, which in this case would go to her family. An initial Probate Court hearing has been scheduled for August 28th but the issue of order of death is expected to be addressed later. According to Georgia law, 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, says the Atlanta newspaper. Fayette County District Attorney Scott Ballard said that the department stands by the original findings, that Nancy was killed first followed by Daniel but the attorney for Nancy's family is arguing the fact now that the estate all rest on these findings. The winning party will inherit millions of dollars in two homes, several bank accounts and lucrative investments. The final written version of the autopsies has still not been delivered.