Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sobe

Member
31 January 2017
1
0
1
Mother died 2 years ago. Sister is sole executor of will. Mother owned a business and had substantial equity in family home. Sister was Power of Attorney for mother. Sister had been living in the family home for ten years with mother prior to death.

The will states business left to sister and states that sister can live in the family home for 1 year after death as long as mortgage, rates, insurances are paid. The will also states that residual deceased estate is to be split 50/50 between my sister and me (son).

Sister dragged her feet in dealing with the deceased estate, and sister, after 18months, left mum's house in a mess and moved on.

When I went to the house and discovered this it was in disarray. All mum's possessions were removed but all paperwork relating to her finances and business were left behind. I discovered through the paperwork the following:

When mum got sick (3 months prior to death) and sister took over her finances. No bills, mortgage, rates, etc. were paid from this date. They had all been diligently paid for 10 years beforehand.

Mum was a financial astute lady, I have all the documents showing payments etc for every bill etc on time.

Sister stayed in mum's home for 18 months, didn't pay a single bill or the mortgage, rates etc. Insurance ran out and sister did not renew it for buildings insurance or contents. When suppliers cut off for Foxtel, Telstra and electricity, sister then set up accounts in her name.

Mum's business was wound up on 31 Dec. Sister became sole trader on 1 Jan and used mum's business stock, staff, rental premises, vehicles, etc and invoiced work undertaken under her business for the next 6 months. Sister also requested that customers pay outstanding invoices from mums business into her business account.

Sister has a gambling problem and spent every sent paid within a day of payment on gambling. ATO chasing for fines, overdue BAS from the last couple of months when mum was sick etc. Suppliers chasing money from mum's business and also sisters business.

Sister told me there was no insurances. Sister has been paid funeral insurance. Used for funeral but there was $30k left over, no sign of that money. Sister paid $80k insurance from a major bank, no sign of that money. I am pretty sure sister used it to move out, etc.

Sister made withdrawals from the business and personal accounts after mum's death until the bank shut down accounts. Sister didn't close down a store card account and when the new card was mailed a year after mum's death, sister activated the card and made purchases using the card.

I have the letter from the store where the card was stuck to it stating it needed activation, and the store card statements showing the purchases. There is also an invoice for $2000 of products from a major appliance store in mums name, 12 months after mum's death.

Sister has taken mum's car and all mum's possessions including jewellery, etc. Sister claims all furniture, TVs etc is hers but I have all the receipts in mum's name.

Probate was granted without my knowledge 6 months ago. Sister is using a lawyer. I moved into mum's house to secure it 3 months ago and to try to stop my sister from selling it and squandering the equity from the estate. For almost 6 months, I have been asking my sister and her lawyers for a detailed statement of the estate.

I keep getting the run around. I know from the paperwork I have that rates, water, insurances etc are over two years unpaid. Mortgages still haven't been paid since 3 months before mums death and I am hearing the bank is seeking foreclosure. I am not getting anywhere and I don't know what else there is as this is just what I have been able to uncover.

I can't put insurance on the house as its in mums name. I can't sort out her bills or talk to the bank as its all in mums name and I am not the executor. I don't know what gets filed for the probate, but I suspect that my sister may have lied on forms or documents, etc. I am pretty sure that my sister is lying to her solicitors and or not giving them the information they need. I keep asking for information and I don't get it,

Her solicitor wants me to vacate the house to sell it, or sign a two year agreement to live in the house and pay rent ( the mortgage in essence) council rates, water charges and wants me to make a payment plan through them with the bank to pay off the 2 years of mortgage debt ($30k) to stop the bank foreclosing. The rates are two years overdue as is the water and I still don't know if the house is insured as they wont show me an insurance certificate or anything alike.

I am a full time cater for a very ill partner. We live on disability pension and carer payment and have no savings. I need help with what my next step should be.

Do I report the fraud to the police? Can I have my sister removed as executor? Can I put a caveat on the house, and will this stop my sister from taking the $300k equity from a sale?

The money she has burnt through is gone, but I need to stop her doing the same with the house equity and I feel that she should not get 50% of the house now as she has already had over $200k by my calculations of what I know of.

I can't afford a solicitor, I wish I could. Please if someone with some law knowledge could point me in the right direction, I would be forever grateful.