The following is a bit lengthy but is essential to provide sufficient detail.
My 2 brothers and I were executors to my late father's will. There was also an EPA in place where my 2 brothers were named substitute attorneys for my mother who had vascular dementia and was in permanent care, unable to make any decisions for herself.
My father passed away in August 2013. My brothers had his will altered 3 days before his death. Dad died of metastasized cancer and was barely coherent when I telephoned him that day. The next day when I call he was only able to groan. I had spent a lot of time looking after my parents since 2008 to 2013.
The relationship between my brothers and I was amicable and we collaborated, each doing what they could to provide support. That changed dramatically just before my father passed away. I took my brother’s to the State Administrative Tribunal (SAT) because they simply were not communicating, gave no reason for their conduct and refused to provide any documentation. They were ordered to provide bank accounts and supporting documents for each transaction. I have the bank statements but supporting documents have never been provided. SAT refused to enforce those orders. They misled SAT and treated subsequent orders with contempt. Even though I presented substantial and irrefutable evidence of misappropriation and maladministration SAT did nothing. One bank statement had been concealed and I have that now showing almost $10 debited to the estate for personal purposes. In all, given what I have obtained since my mother's death, leaving all 3 of us as executors, there is circa $25K missing and $10K in dispute. Furthermore, my elder brother occupied the house at minimal and sporadic rent $140WK and debited insurance and rates to my mother.
I understand misappropriation, maladministration and breach of trust are complicated in law, and here in WA span a number of statutes. It is a matter the police are not concerned with, and it is difficult to find a lawyer skilled in this area. Likewise, it is most likely a supreme court matter which will involve an instructing solicitor and a barrister. I am a student and my wife is unable to work so I am caring for her as well. Therefore cost is an issue. I have explored community law, legal aid and a number of other avenues and there is no support for these matters.
With that background, I need to take legal advice as to whether, given the amounts and persistent theft, if the matter is a criminal offence, and if so, is it serious enough to take to court. Likewise, I do have to consider the probabilities of a successful prosecution. If anyone can provide some directions or considered thoughts I would appreciate the input.
My 2 brothers and I were executors to my late father's will. There was also an EPA in place where my 2 brothers were named substitute attorneys for my mother who had vascular dementia and was in permanent care, unable to make any decisions for herself.
My father passed away in August 2013. My brothers had his will altered 3 days before his death. Dad died of metastasized cancer and was barely coherent when I telephoned him that day. The next day when I call he was only able to groan. I had spent a lot of time looking after my parents since 2008 to 2013.
The relationship between my brothers and I was amicable and we collaborated, each doing what they could to provide support. That changed dramatically just before my father passed away. I took my brother’s to the State Administrative Tribunal (SAT) because they simply were not communicating, gave no reason for their conduct and refused to provide any documentation. They were ordered to provide bank accounts and supporting documents for each transaction. I have the bank statements but supporting documents have never been provided. SAT refused to enforce those orders. They misled SAT and treated subsequent orders with contempt. Even though I presented substantial and irrefutable evidence of misappropriation and maladministration SAT did nothing. One bank statement had been concealed and I have that now showing almost $10 debited to the estate for personal purposes. In all, given what I have obtained since my mother's death, leaving all 3 of us as executors, there is circa $25K missing and $10K in dispute. Furthermore, my elder brother occupied the house at minimal and sporadic rent $140WK and debited insurance and rates to my mother.
I understand misappropriation, maladministration and breach of trust are complicated in law, and here in WA span a number of statutes. It is a matter the police are not concerned with, and it is difficult to find a lawyer skilled in this area. Likewise, it is most likely a supreme court matter which will involve an instructing solicitor and a barrister. I am a student and my wife is unable to work so I am caring for her as well. Therefore cost is an issue. I have explored community law, legal aid and a number of other avenues and there is no support for these matters.
With that background, I need to take legal advice as to whether, given the amounts and persistent theft, if the matter is a criminal offence, and if so, is it serious enough to take to court. Likewise, I do have to consider the probabilities of a successful prosecution. If anyone can provide some directions or considered thoughts I would appreciate the input.
