Son accused of murdering hedge-fund dad to share in $1.6M will

Written By Unknown on Kamis, 15 Januari 2015 | 10.46

Good things come to those who . . . kill their rich parents?

The spoiled hedge-fund scion charged with murdering his dad after the old man cut his allowance may get the dough after all.

The will of Thomas Gilbert Sr. was filed in Manhattan Surrogate's Court Wednesday and it splits his $1.6 million fortune between his wife, daughter and the son who is charged in his death.

The will says Thomas Gilbert Jr., 30, should receive quarterly payments from a trust in his name until he's 35. After that he gets whatever is left in the account in a lump sum.

William Zabel, a renowned estates attorney not associated with the Gilbert case, said inheritance in the face of patricide is "a real gray area."

"His rights of inheritance depend on the actual intent of the killing and the facts are not clear yet," Zabel said, noting that case law requires "intentional killing or reckless killing" for a murderer to be struck from a will.

"Say they were scuffling over the gun and it's not premeditated, then he could still inherit," Zabel said.

Gilbert Jr., who's been indicted on murder and other charges, could also hold on to the cash by pleading insanity, he added.

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Thomas Gilbert Jr. is escorted out of the 17th Precinct Jan. 5. He was charged in the shooting death of his father, hedge fund manager Thomas Gilbert Sr.

Chad Rachman

Thomas Gilbert Jr.

Patrick McMullan

Thomas Gilbert Sr.'s body is taken by medical examiners.
Police at the scene of the shooting at the Beekman Place apartments on Sunday.

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Beekman Place is located near the United Nations in Manhattan.

Angel Chevrestt

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His defense attorney could even petition the estate to cover his legal fees. The infamous killer Menendez brothers spent $1.5 million of their slain parents' money on lawyers.

Gilbert Jr., an uber-privileged Princeton grad who also attended the Deerfield and Buckley private schools, was jobless and lived off a $3,000-a-month allowance.

Gilbert Sr., founder of Wainscott Capital, was about to cut his layabout son's stipend by a mere $200, when Gilbert Jr. allegedly shot him with a .40-caliber Glock at the family's Beekman Place apartment on Jan. 4.

Gilbert Sr., 70, wrote the will less than two years ago.

Court papers do not specify the amount of the trust fund, but in a cruel twist of fate, Gilbert Jr. also will split the balance of an account set up for his mother, Shelley Rea Gilbert, 67, with his sister, Clare Stevens Gilbert, if their mother remarries.

Their father had $50,000 in bank accounts, $477,000 in hedge funds, $1 million in private equity shares and $100,000 in tangible personal property when he died, according to court papers.

The estate documents, signed by Shelley on Jan. 13, make only an oblique reference to the father-son drama.

"A delay is expected in connection with the admission of the will to probate and the issuance of letters testamentary, as process must issue to the decedent's son, a distributee, who is unavailable to execute a waiver and consent," the papers state.

Shelley made an emergency application to the court Wednesday to access her late husband's bank accounts to pay household bills.

The estate's attorney did not return a phone call for comment.

Gilbert Jr. is due back in court in February.

Additional reporting by Rebecca Rosenberg


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