Mother accused of killing her severely disabled daughter, eight, could still inherit $1 million of her trust fund even if she is convicted

• Alayah-Rose suffered from cerebral palsy and could not speak, walk or eat
• She had been beneficiary of $2million trust fund after complications at birth
• Eight-year-old was found dead from a ruptured stomach at home in 2012
• Her mother Nicole Diggs and husband Oscar Thomas were later arrested
  
• They have denied charges of negligent homicide and child endangerment
• But now, it has emerged Diggs could sill inherit $1million of Alayah's fund
• This is because 32-year-old is not accused of intentionally causing death
  

By Sophie Jane Evans for MailOnline

Published: 07:46 EST, 1 September 2014 | Updated: 09:11 EST, 1 September 2014

A mother who is accused of killing her severely disabled eight-year-old daughter could still inherit nearly $1million from her trust fund even if she is convicted, it was today revealed.

Alayah-Rose Savarese, who suffered from cerebral palsy and could not speak, walk or feed herself, was found dead from a ruptured stomach in her mother Nicole Diggs's apartment in New York.

She had been the beneficiary of a $2million trust fund created from the settlement of a malpractice suit that stemmed from complications during her birth at Cayuga Medical Center in Ithaca.

Allegations: Nicole Diggs (left), 32, is accused of killing her severely disabled daughter Alayah-Rose Savarese (right). It has now emerged she could still inherit nearly $1million from her trust fund, even if she is convicted

Case: Alayah was the beneficiary of a $2million trust fund created from the settlement of a malpractice suit that stemmed from complications during her birth at Cayuga Medical Center (pictured) in Ithaca, New York

Following her death in June 2012, Diggs and her husband Oscar Thomas - who is not Alayah's father - were arrested on suspicion of deliberately withholding vital food and medical care from her.

They have both denied charges of negligent homicide and child endangerment. If convicted, the pair face a maximum sentence of four years each in prison.

But now, it has emerged that Diggs, a special education teacher, would not be automatically disqualified from inheriting almost half of her daughter's trust fund, even if she was convicted.

This is because the 32-year-old - who married Thomas, 29, just three weeks after Alayah's death - has not been charged with intending to kill her daughter.

Standing trial: Diggs, a special education teacher, pictured in her mugshot, has denied charges of negligent homicide and child endangerment

Although many U.S. states have so-called slayer statutes to prevent profiting from a crime, New York courts generally hold that without intent, a homicide does not disqualify someone from inheriting from a victim, said St. John's Law School professor Margaret Turano, a trust and estate expert.

The indictment does not allege that the fortune was the motive, according to ABC.

On the day Alayah died, the youngster had been left in the care of one of Thomas' friends, who was not equipped to deal with her medical issues, at the apartment in Yonkers, the court heard.

Speaking during the trial, prosecutors in Westchester County said Alayah 'was not provided [with] required daily food', did not receive necessary medical treatment and was often left unattended.

She was also frequently kept home from school, depriving her of physical and occupational therapy, the court heard. Authorities added that Alayah had suffered lacerations and welts from the neglect.

Meanwhile, Diggs and Thomas 'failed to maintain the child's hygiene which caused her to have smelly and dirty hair and clothing, a foul odor about her body and bleeding gums,' it was alleged.

A report on Alayah's death from the state Office of Children and Family Services commented that the girl had once been so dirty that school staff took it upon themselves to wash her.

In one case, 'the water was black from the dirt', the document stated, according to ABC.

Although the report substantiated various allegations against Diggs and Thomas, it concluded that there was 'no causal connection' between those claims and Alayah's death.

Meanwhile, the medical examiner attributed Alayah's death to her cerebral palsy and seizure condition.

Oscar Thomas (left) has denied the same charges as Diggs, while Alayah's biological father, Anthony Savarese (right), who is not charged in the investigation, is in line to get the other $1million of  his daughter's trust fund

John Riordan, an attorney and former Surrogate's Court Judge in Nassau County, said that because DIggs is not accused of intentionally killing Alayah, she could still inherit some of her fortune.

But he added: 'The facts of this case are very unsettling, and under the circumstances, it doesn't seem correct that that would happen.'

Any challenges to Diggs' inheritance would be heard in a separate court, Westchester County Surrogate's Court, where a bank has been named administrator of the girl's estate.

Alayah's biological father, Anthony Savarese, who lived elsewhere in Yonkers when Alayah died and is not charged in the investigation, is in line to get the other half of the trust fund.

Diggs's lawyer Ms Popkin, who has filed motions seeking dismissal of the indictment, claimed that prosecutors were trying to imply her client 'somehow disposed of her daughter in order to obtain the money.'

Wedding: Diggs married Thomas in July 2012 - just three weeks after her eight-year-old daughter Alayah died

She said Alayah's umbilical cord was severed and she was deprived of oxygen during her birth, leaving her with cerebral palsy, seizures and a lack of limb control. She was also left unable to walk, talk or feed herself, she said.

But despite suggestions that she should be institutionalised, Diggs decided to raise the girl herself with the help of relatives while she graduated from Cornell University, Ms Popkin added.

Thomas was the stay-at-home caretaker, the court heard.

Savarese's lawyer declined to say whether his client would challenge Diggs' potential inheritance, while Thomas's lawyer refused to comment on the case.

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