On Monday, Ann McCormack, mother of Kathleen McCormack, filed a $100 million lawsuit against her late daughter’s husband, Robert Durst, claiming that Durst deprived McCormack’s family of the right to possession of a body for burial. McCormack disappeared 33 years ago, after receiving a phone call from her estranged husband.

Durst, the subject of HBO’s documentary series The Jinx, married 19-year-old Kathleen McCormack in 1973. According to People, one night in January, 1982, McCormack left a party at her friend Gilberte Najamy’s house, after Durst, her by-then estranged husband, called her. “They were fighting on the phone,” Najamy said. “Kathie hung up and said, ‘I have to leave. Bobby wants me home. He’s really upset.’” As she left, she reportedly told Najamy, “If something happens to me, you will check it out...I’m afraid of what Bobby will do.”

Her body was never found, and the case was never solved. Durst obtained a divorce from the missing McCormack in 1990.

Now, according to the Times, McCormack’s family—her 101-year-old mother, and three of her sisters—filed their lawsuit in State Supreme Court in Mineola, New York, alleging that Durst not only “murdered Kathleen” but also violated an obscure New York law granting families the right to sepulcher.

“There is no evidence that Robert Durst had anything to do with Kathleen’s disappearance,” Durst’s lawyer, Dick DeGuerin, told the Times. “Anybody can file a lawsuit, but eventually they’ll have to come with evidence.”

Photo via AP Images. Contact the author of this post: brendan.oconnor@gawker.com.