According to the Hartford Courant, police are still investigating the death of ALL THAT REMAINS guitarist Oliver "Oli" Herbert, who passed away a year ago. In the meantime, his wife Elizabeth Herbert is involved in a legal battle with the remaining members of ALL THAT REMAINS for her share of the band's profits.
Elizabeth Herbert's attorney has filed a three-page letter in probate court indicating that the band has refused to turn over financial information that she needs to file an inventory of her husband's estate with the court. The letter also claims that she is owed money from tours ALL THAT REMAINS completed shortly after his death.
"There have been tours and shows played by ALL THAT REMAINS since Oli Herbert's death about which the estate, as part owner of All Things Remain Inc., hasn't been notified by being sent its copy of the profit and loss statements nor has the estate been paid its equal portion of profits as tour pay," the letter states.
Oli was found dead on October 16, 2018 at the edge of the pond on his Stafford Springs, Connecticut property. He was reported missing by his wife about 3 p.m., and his body was found by police face down at the edge of the pond where the water was only a few inches deep.
The Connecticut State Police Eastern District Crime Squad is investigating Herbert's death, which is being treated as suspicious. They are looking at the will he signed a week before his death as well as a life insurance policy mentioned in the will.
The will names Elizabeth Herbert as executor and sole benefactor. It says that Oliver Herbert's sister, Cynthia Herbert, should not become executor or receive anything from his estate. The will also states that Elizabeth Herbert should get all "property as well as any current or future earnings."
According to the Hartford Courant, state police have seized Elizabeth Herbert's computer and phone records as part of their investigation.
The couple were married for 14 years and lived in Stafford Springs for four years before Oli's death.
Last year, ALL THAT REMAINS singer Phil Labonte called Elizabeth Herbert a "garbage human being" who was "never allowed" to join the band on tour. "She would come to the local shows, because we couldn't stop her from showing up," he explained. "[But] she wasn't allowed because she's a garbage human being."
According to the singer, he tried unsuccessfully to convince Oli to get a divorce for a long time. "I can't tell you exactly why he wouldn't do it or what the circumstances [were] surrounding his resistance," he said. "I don't know. But I can say that I personally talked to him multiple times and said, 'Look, if you need a place to stay, I've got plenty of room. Come to my house."
Asked if he had an opinion on how Oli died, the singer responded: "I do have an opinion on it, but I'm not gonna say. There is an ongoing investigation by the Connecticut state police."
Some fans have espoused various theories surrounding Oli's death and a Facebook page, Justice For Oli Herbert, has more than 12,000 followers.
Herbert began playing guitar at 14. He co-founded ALL THAT REMAINS with Labonte in 1998.
The surviving members of ALL THAT REMAINS — Labonte, Mike Martin (guitar), Jason Costa (drums) and Aaron Patrick (bass, backing vocals) — recruited guitar virtuoso and YouTube personality Jason Richardson (ALL SHALL PERISH, CHELSEA GRIN, BORN OF OSIRIS) to replace Herbert.