VIC Brother making life difficult in mums estate

Discussion in 'Wills and Estate Planning Law Forum' started by edward dessmann, 16 October 2017.

  1. edward dessmann

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    Thanks for allowing me to post
    Firstly im dealing with a narcissist person who always needs the last say and life is tough at the moment.
    My Brother after a divorce moved in with my 80 year old mother, after a short while he took over making her life and her home a misery, in 2013 i had found he was mentally and financially abusing her so i moved her out of her own home and put her in care, in this time following my brother took an AVO against me stating i had physically threatened him when asking him to contribute to mums care as he was living in her home rent free.(he didnt help at all with her care)
    12 weeks later mum passed away, he did not help with the funeral.
    After her death we found out that he had mortgaged her home to the tune of 190k (which has been repaid out of his share of the estate)
    when she died he made things difficult he put a caveat on the Probate which 3 months later was removed then when we wanted to sell the house he put a caveat on the title which we had to go to court to remove (costs where awarded against him) then he kept changing solicitors about 3 times causing my solicitor to resend all documents each time delaying things.
    anyway we are now after 4 years at the final stage
    Then we found out in 2005 mum lent him $76, 000 (hes saying it was a gift) mum was not a wealthy woman and what i knew about the loan was that it was to purchase a temporary residence while his new home was built but there's nothing in writing so he is saying it was a gift.
    When he finally left her house he emptied it out took everything without my knowledge, any jewellery mementos furniture etc (mum had her contents insured at the time of her death for 50K) on top of that he lived in the house rent free for 2 years post her death.
    Now at the final stage his final share is $35000 and 2 pieces of jewellery , we agreed he gets that but needs to sign off "no further claims" he refuses to do so in the event he wants to claim interest of $5000as he says i delayed the process, i refused to hand the final payment unless he signs.
    Now he is taking me to court over the $5000 in interest.

    My question is

    what about the $76000 loan? we know it was a loan he says its a gift.
    what about him emptying the house of all its contents?
    and can i claim any rent for him living in the home rent free post mums death?

    thanks
     
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