Diane McIver's will leaves majority of estate to her husband - CBS46 News

Diane McIver's will leaves majority of estate to her husband

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CBS46 is learning more about Diane McIver's estate and who is able to claim the wealth she left behind.

Diane's husband, Tex Mciver will get the majority of her assets. That includes two Buckhead condos and her share of their farm house in Putnam County.

McIver wrote her will in February of 2006, ten and a half years before McIver's husband Tex would say he accidentally shot and killed her.

The 19 page will and testament offers a look into the success full life of the Corey Airport Services CEO.

In her will Diane gives her friend and former employee, Wanda Hugh, $200,000. Her housekeeper Phyllis Gable is given $50,000 and a woman named Cathi Johansen will get $500,000.

Diane's giving doesn't end there. Her will also states that any post high school education for Tiffany Hugh and Devon Hugh, believed to be the son and daughter of Wanda Hugh, is to be paid for by her estate. That included college, graduate school and any trade schools.

The person who benefits the most is her husband, Tex. He'll become the sole owner of the couple's Putnam County farm. Tex will also receive both of the condos that Diane owned in Buckhead and any vehicles or boats that she owned.

The rest of her estate will be put into a trust fund. Tex is still the beneficiary of that fund but the lawyer of Corey Airport Services is the trustee and will distribute the funds to Tex as necessary.

Charlie Hall is an estate lawyer. He says the trustee holds great power.

"The logical one to file something to contest the will would be the trustee because the trustee's the only one that will have any control over it," Hall said.

Although the Atlanta Police Department is investigating Diane's death as a homicide, Hall says there's not much that can be done to prevent Tex from getting his share of Diane's estate.

"Even if he had been charged with something, he's innocent until proven guilty so there is no grounds for preventing this from going forward," Hall said.

However, if there is a conviction or someone wins a civil law suit contesting the will, Tex's inheritance will likely go to charity because of clause in the will that gives all of Tex's assets from the will to charity after he dies.

About a week and a half after Diane died, Tex went to court and filed probate, which means he requested to move forward as the executor and beneficiary of Diane's will. A judge approved the request the next day.