Siblings Who Sued Brother for Mother's Millions Ordered to Pay Him
Translated & summarized from N12 by baba
Three siblings who sued their half-brother for NIS 855,000 from their mother's estate were ordered to pay him NIS 70,000 in legal costs. The Tel Aviv Family Court ruled that after accounting for the mother's living expenses and the brother's caregiving compensation, the plaintiffs failed to prove he had misappropriated funds. The lawsuit was limited to the period after their mother became legally incapacitated in 2019.
The story in 5 lines · by baba
- Three siblings were ordered to pay their half-brother NIS 70,000 after suing him for NIS 855,000 of their mother's money.
- A Tel Aviv court ruled that the brother's caregiving compensation and the mother's living expenses significantly reduced the claimed inheritance.
- The lawsuit was limited to the period after the mother became legally incapacitated in 2019.
- The judge awarded the defendant compensation for his caregiving efforts, totaling NIS 112,000.
- The plaintiffs failed to prove the defendant had wrongfully taken any funds from their mother's accounts.
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 Bringer calculated that after deducting living expenses and the brother's caregiving compensation, little of the mother's remaining NIS 225,000 was 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). In 2004, she willed 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 NIS 110,000 each as an advance on their inheritance.
The plaintiffs claimed their half-brother, who was appointed guardian shortly before their mother's death in March 2021, had emptied her bank accounts. They argued the mother had been demented for years. The judge, however, accepted the defendant's claim that the dementia began in 2019, limiting the scope of the lawsuit to the period when the mother was legally incapacitated and the defendant was expected to act in concert with his siblings.
During this period, the mother's accounts saw approximately NIS 372,000 in income. The judge calculated the mother's monthly living expenses at NIS 5,000 and deducted NIS 56,000 for additional payments made to her caregiver. He also factored in NIS 59,000 for rent the defendant claimed the mother owed him for living in his larger apartment, a claim the judge found unusual but ultimately accepted based on testimony that the mother contributed to household expenses.
Crucially, the judge awarded the defendant compensation for his caregiving efforts, estimating NIS 4,000 per month for the 28 months leading up to his mother's death, totaling NIS 112,000. After all deductions and compensation, the judge concluded the plaintiffs failed to prove the defendant had wrongfully taken any money, dismissing their claim and ordering them to pay legal costs.
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