VOLUSIA COUNTY, Fla. -- A judge will have the final say regarding the estate of professional wrestler Chris Benoit.

Lawyers for Benoit's father claim Chris may have had "diminished mental capacity" when he killed his wife, son and then himself.

If a judge agrees, Georgia's "slayer statue" would not apply. That keeps the heirs of a murderer from profiting from the crime.

Nancy Benoit's family, who lives in Volusia County, has been at odds with the Benoits over who should be in charge of the couple's estate.