Durst Sued by In-Laws

NEW YORK POST — Page Six

IN-LAW SUIT VS. DURST

SUSPECT: Robert Durst is accused of killing his wife Kathleen in an unusual suit filed by her family.

$100M burial claim

By Julia Marsh

The family of the missing wife of millionaire scion Robert Durst filed a $100 million lawsuit against him Monday, claiming he killed her in 1982 and hid the body, denying them the right to a proper burial.

The unusual suit, which cites a state law guaranteeing families a “right of sepulcher,” was filed by Kathleen Durst’s three sisters and 101-year-old mother, Ann McCormack, in Nassau County Supreme Court.

Meanwhile, Kathleen’s brother, James McCormack, is battling one of the sisters, Carol Bamonte, in Manhattan Surrogate’s Court for permission to file a wrongful-death suit against Robert.

The legal claims hinge on Robert’s apparent confession to Kathleen’s murder and two others in the HBO documentary series The Jinx. The real-estate heir is overheard saying he “killed them all.”

“For the past 33 years, Durst has concealed the whereabouts of Kathleen’s body from her next of kin,” the women’s suit says.

“Through this action, they seek to hold Durst liable for breaching their right to sepulcher by intentionally and knowingly preventing the family from providing a proper burial.”

Ann McCormack and the sisters — Bamonte, Mary Hughes and Virginia McKeon — are seeking $50 million in compensatory damages and $50 million in punitive damages.

If awarded, the amount would bankrupt Robert, whose personal fortune is estimated at $100 million.

Kathleen Durst vanished in 1982 and was pronounced dead in 1988. Her body was never found.

Robert inherited his fortune from the Durst Organization, started by his father. The firm, which manages One World Trade Center, is now run by his brother, Douglas.

James McCormack’s lawyer, Elizabeth Ellender, said the sisters’ suit will not affect her client’s case.

“His lawsuit is about her wrongful death and not his personal loss,” she said.

The sisters’ and mother’s attorney, Robert Abrams, did not return a call.

Robert Durst, now jailed in New Orleans on weapons charges, is the only suspect in his wife’s disappearance. He is awaiting extradition to California, where he is expected to be charged with killing friend Susan Berman.