Elizabeth Herbert , wife of late ALL THAT REMAINS guitarist Oliver "Oli" Herbert , has implied that she hasn't signed off on the release of one of her husband's final recordings.
Earlier in the month, a video surfaced of a cover of EURYTHMICS ' '80s hit "Here Comes The Rain Again" , recorded last year by Herbert and A DEAD DESIRE 's Moroni Silva . Moroni finished the track after Herbert 's death and uploaded an official music video for the track to YouTube on April 5.
Silva told MetalSucks about the recording: " Oli was a good friend and wanted to release the song at the start of the rain season, so it was released on the New Moon of the 5th of this month and dedicated to him."
Earlier today, Elizabeth took to Oli 's official Facebook page to address the song's release, suggesting that it was never authorized by her husband's estate.
"Hello everyone. This is Beth ," she wrote. "I am aware that something was released that contained my husband's work on it that was not finished before his death.
"To be clear, if anything is to be released after Oli 's death and it isn't ALL THAT REMAINS material, you need me, the executrix of the estate to sign off on it. Also, probate was not opened until this year so any arrangements after my husband's death for his material but before I was named executrix is unenforceable."
Oli was found dead last October 16 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."
ALL THAT REMAINS singer Phil Labonte recently 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) — have recruited guitar virtuoso and YouTube personality Jason Richardson ( ALL SHALL PERISH , CHELSEA GRIN , BORN OF OSIRIS ) to replace Herbert .