Siblings Who Sued Half-Brother for Mother's Funds Ordered to Pay Him $20,000
Translated & summarized from Mako by baba
Three siblings who sued their half-brother for NIS 855,000 from their deceased mother's accounts were ordered to pay him NIS 70,000 in legal costs. The Tel Aviv Family Court found that after accounting for the mother's living expenses and the defendant's caregiving compensation, the plaintiffs failed to prove any misappropriation of funds. The lawsuit was limited to the period after January 2019 when the mother began experiencing cognitive decline.
The story in 5 lines · by baba
- Three siblings must pay NIS 70,000 after suing their half-brother for NIS 855,000 of their mother's money.
- The court ruled that the brother's caregiving and the mother's living expenses significantly reduced the alleged missing funds.
- The lawsuit was limited to the period after January 2019, when the mother began showing signs of dementia.
- The defendant was awarded compensation for his caregiving duties, totaling NIS 112,000.
- The mother had previously gifted her apartment to the defendant and given other children NIS 110,000 each.
Three siblings who sued their half-brother, demanding NIS 855,000 from their deceased mother's accounts, were ordered by a Tel Aviv Family Court to pay him NIS 70,000 in legal expenses. Judge Lior Biringer calculated that after deducting living expenses and the brother's caregiving compensation, very little of the mother's remaining funds were unaccounted for.
The mother, who passed away in April 2021, had three children from her first marriage (the plaintiffs) and one son from her second marriage (the defendant). The defendant lived with his mother for many years and cared for her. In 2004, the mother's will left her apartment to the defendant and divided her other assets equally among her four children. She later gifted the apartment to the defendant and gave the other three children NIS 110,000 each as an advance on their inheritance.
The plaintiffs claimed their half-brother, who was appointed as their mother's guardian in March 2021, had emptied her bank accounts. They based their claim on account statements from 2014 until her death. However, the judge noted that the guardianship was only established shortly before her death, limiting the relevant period for the lawsuit to when the mother began experiencing cognitive decline, which the court set at January 2019.
Judge Biringer meticulously reviewed the mother's finances from January 2019 until her death. He calculated that approximately NIS 372,000 in income entered her accounts during this period, in addition to a deposit of NIS 223,000. The plaintiffs alleged a shortfall of NIS 375,000. The judge then began deductions, including NIS 56,000 for the mother's care by a caregiver, NIS 59,000 for rent the defendant claimed for housing his mother, and NIS 140,000 for the mother's monthly living expenses.
Crucially, the judge also awarded the defendant compensation for his caregiving efforts. Based on testimony that even the plaintiffs were paid for looking after their mother, the judge determined the defendant was entitled to approximately NIS 4,000 per month for 28 months, totaling NIS 112,000. After all deductions and compensation, the judge concluded that the plaintiffs had failed to prove their half-brother had unlawfully taken any money, leading to the dismissal of their claim and the order for them to pay his legal costs.
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