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WA Deceased Estate - Ex-Wife's Claim on Furniture?

Discussion in 'Wills and Estate Planning Law Forum' started by lisa gliddon, 5 February 2016.

  1. lisa gliddon

    lisa gliddon Member

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    Brother and his wife split last September 2015. At this time, she moved out left the kids with him and she also took furniture, etc. from the house. She then signed a statutory declaration stating that she has taken all the items she wants from the house and my brother also paid her $1000 in lieu of some furniture items and stated that she understood that the remaining furniture was the property of my brothers.

    On January, my brother took his own life. Two days after his funeral his ex broke into the house and stole all the remaining furniture, told police she had a key and when asked to produce this key, she then said she kicked in the door, which was not possible. The entry was gained through a window, and the furniture was removed from the garage.

    The report was made to the police who say they can't do anything as it is a family law issue. Advise from a family lawyer said it's not.

    As the house is a diseased estate and my mother was named executor of will and I am the trustee, and we are still waiting for probate, is there anything we can do in regards to the stolen furniture, and who do we see? The police or what type of lawyer?
     
  2. Jacqui Brauman

    Jacqui Brauman Well-Known Member

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    It's theft - the police should be involved. They may not want to get involved though. But as executors, get legal advice as part of the administration of the estate. You may be able to sue her for a civil debt, or there might be issues surrounding resolving the property split between your brother and his ex, through which this issue could be resolved.

    Good luck.
     
    lisa gliddon likes this.
  3. lisa gliddon

    lisa gliddon Member

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    Yes, I think the police in the town don't want a bar of it. I am going to make a complaint, as I feel that she should not get away with it. My mum and I are out of pocket due to the estate and we are not getting any help from her as she and my brother had separated, however, all the other proceedings all based on them being married as there was no official separation.
     

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