Murder Accusation Made in Tobias Estate Case

Attorneys for the brothers of hedge fund manager Seth Tobias say his wife killed him because "Seth was worth substantially more to (her) dead than he was alive, and she knew that."

The explosive charge is one of many in a new motion filed late Friday, seeking to bar Filomena Tobias once and for all from collecting any of her late husband's $25 million estate. The motion says Seth Tobias was preparing to resume divorce proceedings against Filomena, and that she feared a divorce settlement wouldn't be enough to support her lavish lifestyle.

A former aide to the Tobiases, Bill Ash, has claimed for months that Filomena drugged Seth with Ambien-laced pasta, then drowned him in the couple's swimming pool. (Read more about the aide's allegations here).

But this motion cites new testimony from Seth's longtime driver and from his personal secretary. They say Filomena physically abused Seth, and that their fights over money were growing -- Filomena leading a "hugely expensive lifestyle," at a time when Seth's business, the $85 million Circle T fund family was declining.

Two weeks before Labor Day, the filing says, Seth told Filomena he planned to divorce her once and for all. On Labor Day weekend, Seth was found dead.

Filomena's legal team has not yet responded to this latest filing, but in the past has flatly denied she had anything to do with her husband's death. Police will only say the death remains under investigation.

According to court records, Filomena Tobias has a history of domestic violence -- and of stormy marriages. Seth Tobias was her fourth husband. Her three previous marriages ended in  divorces.