The Real Deal New York

Family of Robert Durst’s first wife petitions to have her legally declared dead

Their $100M wrongful death lawsuit cannot go forward without it

April 01, 2016 02:50PM

Robert-Durst-Kathleen-McCormack2

Kathleen and Robert Durst

The family of Kathleen McCormack, the first wife of alleged killer Robert Durst, asked the court to declare her officially dead, according to court documents filed Thursday.

The family is suing the real estate heir for $100 million. McCormack must be declared dead for the wrongful death suit, which was filed in November, to move forward.

Durst, with an estimated worth approaching $100 million, was a suspect when Kathleen Durst disappeared in 1982.

“It is now time for this court to judicially declare that Kathie died on Jan. 31, 1982 when she was murdered by her husband, Robert Durst,” McCormack’s sister Carol Bamonte said in papers filed Thursday in Manhattan Surrogate’s Court, the New York Post reported.

In the series finale of HBO documentary, “The Jinx,” Durst says, “What the hell did I do? Killed them all, of course.” The family’s lawyer, Robert Abrams, pointed this out in the filings as one of the reasons McCormack should be declared dead, according to the newspaper.

In affidavits, McCormack’s sisters say they are convinced Durst murdered her, according to the Post.

In February, Durst plead guilty to federal gun charges in Louisiana, and is expected to extradited to Los Angeles, where prosecutors want Durst to face first-degree murder charges for the 2000 killing of writer and friend Susan Berman. [NYP]Dusica Sue Malesevic

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