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MADISON COUNTY, Ala. — The mother of Tate Buening is suing her ex-husband’s estate over his murder.

Kayla White filed the wrongful death lawsuit against the estate of Brian Buening Tuesday afternoon in Madison County Circuit Court.

Brian Buening, 37, shot and killed 10-year-old Tate before turning the gun on himself at his home on Blue Creek Drive in Harvest Aug. 6.

According to the lawsuit, White filed a motion to suspend visitation from Brian Buening July 9, almost a month before Tate was killed. She wanted the suspension after getting threatening messages from her ex-husband, the lawsuit states.

Tate Buening's mother sues ex-husband's estate over murder-suicide
Brian and Tate Buening’s bodies were found at Brian Buening’s home in Harvest Aug. 6.

White was the person who went into the home that day and found the bodies. She had called for a welfare check and a Madison County Sheriff’s Office deputy also was at the home. In audio recorded by White before going inside, a person White identified as a deputy said he could not get involved.

In a news conference last month, White said her request to suspend Brian Buening’s visitation had been set for three days after her son was killed. She and her attorney, Will League, said more judges are needed in the county to address issues in a more timely manner.

White’s lawsuit seeks punitive damages.

“I’ve been handling death cases for over twenty years and cannot remember a more tragic case,” White’s attorney, Will League, said in a statement. “We hope to provide some benefit the family.”