My successful sisters: The daughter threatened to commit suicide, the brother was stripped of the inheritance

Every year many lawsuits are filed for "hostile takeover" by one of the siblings in the family and a change in the parents' will.

How do you distinguish between concern for the safety of parents and a calculated move designed to win property and how can action be taken to prevent a similar case in the future?

David Rosenthal

02/01/2022

Sunday, 02 January 2022, 13:29 Updated: Monday, 03 January 2022, 09:15

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"My two sisters acted like scum. I have no other nickname to describe their nasty behavior towards me. In my worst dreams I never dreamed they would make one hand against me. They harnessed the mother to the matter through disgusting manipulation and made her change the will."

This is what Almog, 45, from Rehovot, says, who recently started a legal battle with his two sisters, claiming that they took advantage of their mother's medical condition and her innocence, in order to lead to the change of the will and his dispossession from it.

Coral is not a single case of a brother who found himself in battle with his brothers and sisters in similar circumstances.

The reality is that every year hundreds of sibling lawsuits are filed in Israeli family law courts, claiming that one or more family members gained control of the parent through improper use of his mental and physical distress, in order to remove him from the rest of the children - all with the aim of changing the will .

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You do not know what pressure is exerted on the parents - be prepared for any scenario (Photo: ShutterStock)

"If I do not know that I am financially well-off, I will lose myself"

"We come from an established home, my father passed away about five years ago and left my mother a sum of about NIS 15 million," says Almog, "but then, my sisters decided mine did not deserve to receive my share and did a repulsive act: my little sister has a past Psychiatric, with chronic depression and all kinds of pills she was taking. She knew it was a sensitive point in my mother who was very worried about her. , That I have a nice income and a senior position in high-tech, she has nothing and she works as a saleswoman in perfumery.

"Actually, what she did was terrorize my mother," he adds, sighing, "she told her there was no point in her life if 'after your death, I will not be able to keep my head above water.' "That I am financially settled, I will lose myself. And my mother, who also examines her reality and knew better days, decided to change the will and dispossess me of the property."

About six months ago, Almog's mother passed away.

When he read the inheritance order, his eyes darkened - his mother bequeathed to his two sisters assets and money in the amount of NIS 14.5 million, while he received half a million shekels.

For his part, despite all the mental difficulty inherent in it, he started a legal battle with his sisters after appealing to the Court of Appeals to annul the change made in the will.

The case is being discussed these days, and a decision will be made soon.

Stories with a connecting thread

"When you look at the cases that go to court around sibling disputes in such circumstances, you can find a connecting thread between most of the stories," notes attorney Rafi Shadmi, a family law expert. Before the parent a reality in which the same child, he is his only protector against the other children, who are only interested in his money, when his goodness is not in front of their eyes.

For example, in quite a few cases, one of the clearest signs of one of the siblings' 'hostile' takeover of the parent is his addition as a proxy or as a partner in the bank account. This is a mission order of the account holder who appoints the proxy as his agent to carry out banking transactions in his account.

"By granting a power of attorney to the bank to a relative, the elderly person can save him the need to go to the bank to take care of his affairs, but this gives the son control of the account and the ability to make accounting moves unilaterally, without obtaining the consent of the siblings."Advocate Shadmi notes.

According to him, in quite a few cases, the parent joins one of the children as a partner in the bank account and he becomes a partner for all intents and purposes. From the account without his consent. "

Power of attorney to one of the brothers - an opening to empty funds.

Adv. Rafi Shadmi (Photo: Rafi Shadmi Law Office)

How do you differentiate between sincere concern for parents and a plot?

However, notwithstanding the above, often the same son or daughter does not plot to bring the parent to change the will, but simply assumes, out of sincere concern for his well-being, the responsibility for caring for him, which eventually leads to a change of will.

And this is not an isolated case.

As a result, dozens of lawsuits are filed each year against a family member who has taken it upon himself to care for parents in their final years.

Such lawsuits are characterized by allegations of fraudulent spending, emptying of family assets, reduction of estate and robbery.

Reality shows that more than once, after the death of the parents, with the exposure of the shrunken estate, many of the other siblings feel cheated and spread harsh accusations against their siblings regarding property smuggling and taking over the family fortune.

When the minority of the estate is revealed, the suspicion arises that the brother or sister who cared for the parents also raised money and in fact emptied the parents' assets while they were alive.

so what are we doing?

There is no doubt that the decision to care for parents is a moral and blessed duty, but the legal dangers involved are multiple.

Accordingly, Advocate Shadmi recommends taking a number of necessary steps that will ensure the person who devoted his time, energy and money to the mitzvah of caring for his parents in their final years, lest he find himself the day after the funeral sued by his brother and relatives.

• Do not make decisions independently without sharing with the brothers

  , especially when it comes to economic issues.

  It is highly recommended that you notify them in writing of material changes to your account, even through a monthly report detailing your expenses and income.

• An agreed and orderly mechanism must be established regarding the execution of exceptional expenses

  , which regulates in which situations it is necessary to first obtain the consent of the brothers to carry out the operation, or whether only their notification can be sufficient.

• It is highly recommended to keep an orderly and written record of all expenses and expenses

  , including the employment of foreign workers.

• Receiving written instructions - As much as possible, ask for written instructions from the parents whenever they want to transfer money to meet their needs, or for any other need.

  The request can strengthen the evidence in cases of disputes that will be raised later.

• Documentation or references

  or collection of evidence or legal insurance -

• Capture luxury items

  (easy on any mobile device), save supporting documents, specify third-party names and details that can help.

  In addition, medical documentation is always necessary to prove the ejaculation of clarity, etc.

• Of money

Tags

• Will