DA: Tex McIver hiding wife's updated will - CBS46 News

EXCLUSIVE

DA: Tex McIver hiding wife's updated will

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Diane McIver (Source: U.S. Enterprises, Inc.) Diane McIver (Source: U.S. Enterprises, Inc.)
Tex McIver (Source: WGCL) Tex McIver (Source: WGCL)
ATLANTA (CBS46) -

CBS46 has exclusively learned that the state believes an updated version of Diane McIver's will exists. The motion was filed in probate court on Friday. It says the state has reason to believe that Diane created an updated will before she died and that her husband, Tex, has a copy of it but failed to submit it to the court when he filed probate documents last October.

The motion requests an emergency hearing and asks that a judge remove Tex from executor of Diane's estate. The district attorney's office does not say in the motion why they believe another will exists. McIver's probate attorney and the man who wrote Diane's will tells CBS46 that the state is purely speculating.

"I think they're looking for a motive and they're kind of grasping at straws as far as I'm concerned. I don't know, maybe they've got more evidence but they sure haven't shown anything. They just keep alleging that there may be another will. We've looked for one and we can't find anything," Stanley Smith tells CBS46.

Smith tells CBS46 that Tex and Diane did at one point discuss updating their wills, however, they never got around to it. A probate judge still has not set a date to hear the matter. Because a motion for limited access to the documents has been filed, a judge wouldn't give CBS46 a copy of the state's motion. We received it from Tex McIver's attorney.

Meanwhile, a judge will decide whether or not Tex McIver will go back to jail Tuesday after the district attorney's office found a gun in his Buckhead apartment.

(MORE: DA hopes to revoke Tex McIver's bond over gun found in sock drawer)

Wife shot during drive through Atlanta

Tex McIver is accused of shooting and killing his wife last September while the two were driving back from their Putnam County farmhouse.

According to police, Diane McIver was shot while sitting in the passenger seat of her Ford Expedition the evening of Sept. 25. Her husband was sitting directly behind her in the backseat.

Diane McIver's best friend of thirty years, whom he only identified as Dani Jo, was driving.

The three took a detour off I-85 downtown and got off at the Edgewood Avenue exit. Tex, who was sleeping in the back, asked for his gun because he didn't think it was a safe area.

After falling back to sleep in the backseat, he woke up to the sound of a gunshot and realized he had pulled the trigger. After Diane McIver was shot, she was driven to Emory Hospital in DeKalb County where she died. 

Tex says he'll never forget when doctors told him his wife was dead.

"They're walking straight at you and you distinctively turn around to see if there's anybody behind you, they might be walking to and you realize you're the only one in the waiting room. They come up right up to you, and you know, exactly what they're going to tell you," Tex told CBS46 News back in December.

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