An ex-wife that sought out her murdered ex-husband's life insurance, military benefits and social security, has been named as the sole defendant in a wrongful death lawsuit filed on behalf of his estate, as reported by All Alabama.
Widower F.M., formerly the principal of Hampton Cove Elementary School, has not been charged in the shooting of her former husband A.M.
Army colonel A.M. was shot to death on January 4, 2013 outside of his home.
The wrongful death lawsuit contends that F.M. caused the death, or allowed the death, of A.M.
In a court filing F.M. responded that she had nothing to do with the allegations made in the suit. She also requested that a jury try the case.
According to the suit, just before 11:30 p.m. on January 4, 2013, A.M. arrived at the home on Pale Dawn Drive in Hidden Cove.
The suit states, "The defendant had instructed Mr. (A.M.) to come to the home to deliver some medical supplies for their minor child and to leave them in the mailbox rather than come inside the home."
F.M. had testified in a probate court hearing that she had told her ex to leave the medicine in the mailbox because "with our physical history and his abuse I was not planning to meet with him…"
As A.M. arrived at the home and did as he was told "he was shot numerous times and died as a direct result of these wounds. The defendant is the only person with knowledge that (Mr. A.M.) would be arriving outside the home at that time."
The couple reputably had a contentious divorce proceeding and a copy of the divorce decree was included in the lawsuit.
In the divorce Madison County Circuit Judge Dennis O'Dell wrote that the testimony given by F.M. was "replete with deception and at times clearly untruthful" and that she "exhibited a pattern of deception in dealing with (A.M.) regarding many issues."
Six days prior to A.M.'s murder his divorce had been finalized. He had been awarded full custody of the couple's children and was to take over the mortgage and reside in the family home. F.M. was ordered to leave the home by February 1, 2013.
"Immediately following" A.M.'s death F.M., according to the suit, laid claim to his $432,000 life insurance policy, petitioned to take over the conservatorship of his military benefits and the children's Social Security benefits.
A.M.'s father had also applied to become the conservator of his son's estate and the Madison County Probate Court named him as the sole conservator.
Last year Primerica insurance company asked a federal court to delay payment to F.M., who had been listed as the policy's beneficiary, until it was known that she would not be charged for A.M.'s murder. The lawsuit was filed on November 26, just after Primerica filed the federal request.
Primerica has since placed the funds in a court-supervised escrow account.
Sometimes a criminal case and civil lawsuit run in conjunction. In this case the plaintiff chose to contact a personal injury lawyer to file his lawsuit while criminal charges are pending.