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MADISON COUNTY, Ala. (WHNT) – More than two years after her death, Friday brought an update in the case of Kathleen Miller’s death. While the FBI continues to investigate, the case is unfolding in civil court.

The Owens Cross Roads FBI photographer drowned in two feet of water while on vacation in the Nantahala National Forest in North Carolina with her husband Greg Miller in October 2019. He reported the drowning in a 911 call.

The family of Kathleen Miller is grieving her loss and still waiting for answers. But in the meantime, they’ve sued to keep Greg Miller from receiving any financial benefit from his wife’s death.

No charges have been filed in her death, but the wrongful death lawsuit filed by Kathleen’s family claims Greg Miller was responsible.

“The allegations are that he intentionally and feloniously caused her death by drowning in North Carolina,” said Attorney Doug Martinson, who is representing Kathleen’s family in the civil case.

The lawsuit cites a medical examiner’s report calling Kathleen Miller’s manner of death a homicide. Greg Miller was apparently the last person to see her alive. He called 911 to report the incident.

“They had a house that was owned joint tenants of survivorship. Since he was beneficiary on insurance that he should not be able to benefit from those accounts,” Martinson said.

The lawsuit was filed in June 2020, but Greg Miller hasn’t responded to it.

“We don’t know where he is,” Martinson explained. “We wished we do… but in that situation, since he’s unlocatable, we had to step in and then sue and get a default judgment against him for failure to appear today.”

Madison County Circuit Judge Karen Hall said Friday she would rule for the family, blocking Kathleen’s husband from the couple’s shared home in Owens Crossroads, bank accounts and any life insurance proceeds.

“This isn’t about money for our clients. They really want justice, but they don’t want him to unfairly get this money, and gain, and profit from that. So, at least we’ve made that step,” Martinson said.

News 19 reached out to the FBI for an update in their investigation. An FBI spokesperson for the FBI Charlotte Division was not available to provide an update Friday.