A special education teacher was charged in the death of her disabled 8-year-old daughter, but could still inherit about $1 million from the girl's trust fund even if she gets convicted.

Alayah-Rose Savarese, who had cerebral palsy and could not speak, walk, or eat, died in 2012 because her mother, Nicole Diggs, allegedly withheld food and medical care from her.

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Diggs was the beneficiary of her daughter's trust fund that was generated from winning a medical malpractice suit against the hospital where Alayah was born with complications which resulted in her condition.

The trust fund was awarded to the little girl to provide for her needs, but investigations revealed that she was cared for by Diggs' husband, Oscar Thomas.

Diggs and her husband pleaded not guilty to the negligent homicide and child endangerment charges resulting from the 2012 death.

In the event that Diggs is convicted, she will not be ineligible from inheriting the trust fund because the crime did not have a homicidal intent.

The law has statutes that would prevent criminals from profiting from a crime, but if the courts fail to prove that there was an intention to kill, a convict can still inherit from a victim.

According to Nassau County's former Surrogate Court Judge John Riordan, unintentional homicide does not disqualify a person from profiting from a crime.

Prosecutors did not specify if the trust fund was the motive for the suspected neglect, but the defense attorneys said it is being implied that Diggs "disposed of her daughter in order to obtain the money."

Diggs' attorney, said her client never neglected her daughter and that any mention of the trust fund during the trial should be prohibited.

A report by the Social Services stated otherwise when their investigations revealed that Alayah lacked medical care and had inadequate guardianship.

Westchester County prosecutors said the little girl suffered cuts, bruises, and wounds due to lack of proper attention.

Court documents further affirmed that Thomas neglected the child's hygiene "which caused her to have smelly and dirty hair and clothing, a foul odor about her body and bleeding gums."

Thomas admitted during an investigation that he didn't feel comfortable in bathing and diapering the child, according to the Daily Mail.

According to state reports, when Alayah died on June 25, she was at Diggs' apartment being cared for by Thomas' friend who had no medical background and could not have properly looked after the little girl.

The investigation regarding Alayah's death is still ongoing as it remains unclear whether her death was an accident or a homicide.

Tagsspecial ed, Trust Fund, savarese, diggs kills daughter, mother kills child