The man accused of killing his wealthy father may actually get a part of the inheritance.
The Post reports, "The will of Thomas Gilbert Sr. was filed in Manhattan Surrogate’s Court Wednesday and it splits his $1.6 million fortune among 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."
Thomas "Tommy" Gilbert, Jr., 30, allegedly killed his father on January 4. Gilbert went to his parents' Beekman Place apartment and apparently got his mother to leave by asking that she buy him a sandwich. When she returned, she found her husband dead, with a gun posed in his left hand: "Laying where it was didn’t seem like a self-inflicted wound as we’ve had in the past," said NYPD Chief of Detectives Robert Boyce.
Police found Gilbert in his West 18th Street apartment, with a gun case for the alleged murder weapon. The Princeton graduate was apparently upset about having his allowance cut from $400 a week to $100 a week. This was in addition to his parents supposedly threatening to stop paying the $2,400/month rent on his apartment.
A lawyer tells the Post that "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 was indicted for his father's killing last week. He's being held without bail. He is also a "person of interest" in a Hamptons arson that destroyed a centuries-old farmhouse (the home is owned by a man who had a restraining order against Gilbert).