Lawsuit

Generally no answer to communication, ignored communication, disrespect and contempt towards the beneficiary, no monthly status updates, no statements, no receipts after request. I am left in dark and I am forced to trust in an untrustworthy person that generates crisis, neglects the duty and is a danger to the beneficiary. The executor’s behaviour is consistent with past malicious behaviour. The executor is reckless, mismanages and incapable of being the executor.

I requested a schedule of upon grant of probate, he states no change to the current schedule. Within 1 month the schedule went from no change to an outrageous sale of assets and two weeks later complete abandonment of the post with no answer and no debt paid and of March 3 2024, (6 months later) no debt has been paid as of my knowledge. The original schedule was a monthly roundup of incomings, outgoings, receipts, debt paid and debt outstanding which was being adhered to without any erratic or outrageous behaviour which the executor has a history. The meagre debts in the estate were caused by the executor and the delays contribute to a denial of my inheritance.

For the executor to reply to the beneficiary, a lawyer needs to contact the executor, or the executor needs to be threatened with legal action, or some other threat such as a statement from legal website explaining executor’s obligations to the beneficiary. Otherwise the executor does not reply to the beneficiary and in reply is condescending and disrespectful. What is more concerning is the executor operates behind the beneficiary back with intent to damage the beneficiaries inheritance, the beneficiary is left to guess and wonder. Prior to probate, in waiting for grant of probate the debts were being paid as per a schedule devised by the beneficiary other than the executor and relevant information made available each month to the executor, like clockwork without request. No crisis, no communication issues, no erraticism. The grant of probate has re-installed a person who has been devastating to the financial affairs of the family. Since probate was granted the debt payments have ceased to be paid and all communication has ceased. The executor has abandoned the post instead preferring to be a spanner in the works and a dead weight. For years I have been suffering his financial management. The current version of my testimony.

He has stolen from the family, he has bankrupted the family with nursing homes. He attacks and hurts the family and the beneficiary at every opportunity. He treats his side of the family badly. He is malicious or grossly incompetent. His representation is a real danger to the beneficiary. He acts to attack the beneficiary, pursue personal agenda, rather than an impartial management of a situation. I state this in public for he hides in the safety of family and functions as an internal enemy to escape what otherwise is criminally liable against the law. He is a psychopath, as with all psychopaths it is those that suffer them that know it and to everyone else it is as if nothing was going on. Our Father, the testator did not feel well, he began to exhibit a lack of energy and was irritable. He went to the doctor and was diagnosed with bowel cancer or colon cancer. This was not a prolonged exhaustive cancer treatment. He was diagnosed and scheduled to have a polyp tumour removed, they botched the operation and almost killed him. We were told he would not make it through the night. He was in a coma for a week and spent many months on a hospital bed recovering. A permanent stoma bag, intestines hanging outside of his body. An episode of delirium, very weak. The disgusting state of Australian medical system, outdated treatments, too many medical errors.

I asked the executor wife how could this happen. I noticed a macabre smile on her face, stating “there are always risks”. I still wonder today. What was that? Was it soon to be access to my parents money?

I visited Bruno every day at hospital as he was nearby, and I like to walk. One day I go in to see him at the hospital, and he is no longer there. I ask where is Bruno, the nurse says “your brother and his wife came in earlier and have taken him to a nursing home.” Well, news to me, this was the first I heard of that. Like a thief in the night, he acted in secret without any consultation. Obviously all cultures looks after their elderly at the family residence, we generally do not use nursing homes, but Raffaele, the now executor has an enemy of our culture inside of him and believes the world is there to help him. I expected Bruno to settle back to the family home when he regained strength, afterwards we can take it from there.

This is a big issue? We cannot afford a nursing home.

And this is where the bigger problem began, manifested. The testator’s income was about 25,000 per year, the nursing was double that and more.

As the self-appointed manager of Bruno’s finances…

The executor then used Bruno's personal savings to make up for the short fall for as long as the savings lasted. Thus causing Bruno to become bankrupted of his personal savings. His wishes was to be buried, he had to be cremated out of cost saving.

… and through the hopeless situation, come the lies, the theft and fraud, the deception with the executor, Raffaelle. To cover up the financial armageddon that was just beginning.

Now this was not the first time he mentioned “nursing homes”, he came over one day and at some stage looked at his wife in what appears to find some affirmation as if they had been discussing the fate of our parents in their personal discussion and states that both of them should go into a nursing home. He then became hellbent on putting them into a nursing home, he pursued it like a business person might pursue a business idea that might benefit them except their is no benefit, instead the complete destruction of the family fortune including the destruction of his inheritance, the destruction of his own children's inheritance and the destruction of everyone affected. This is part of a lifelong behaviour with Raffaele that is grounded in a lack of education and bad financial decision making that is destructive and stressful to those it affects. Placing both my parents in nursing home would mean certain bankruptcy. The financial crisis he causally engages in is not someone I want representing financial affairs that affect me. Placing them both in a nursing home would have totally destroyed the family fortune and Raffaele does not seem to recognize such, instead he seems to seek it. He then sells the financial destruction as some kind of positive or makes some poultry excuse. We warded those two devils off, like a shaman wards off a bad spell and like evil spirits are warded off. My mother caught wind of them and suffered the secret sociopathic environment Raffaele brought into our lives and made certain that I was included in the ownership of property for the executor and his wife already had made plans and my mother fought not to give them clear way. After her passing I was the focus and I became aware of the sociopathy of the executor and my father was the one unaware of whom a deceptions is perpetrated. The executor being the eldest, favoured makes it difficult for the testator to reason what is before him. It is deceptive and secretive, abusing in secret and appearing normal to those unaware.

While Bruno was in the nursing home, I assumed that his pension was enough to pay for the nursing home. I really had no information as to the costs. I having a history in real estate sought to lease the family home. Pitching the idea to Raffaele and after notifying Bruno. Raffaele and I agreed to renovate the family home and split the rental return among us. All agreed. However, the premises was not of a rental condition and required extensive renovation, some $40,000 worth. I renovated the family home at my expense out of my pocket, he contributed zero cent and I successfully rented it out, thinking oh well the rental return shall suffice and we can discuss later. At the final moment, when the tenant was secured, he double crosses me. The rent arrangement was agreed in a phone call to be 2 equal shares less the cost of renovation, he telephones the managing agent and re-routes all funds to an account for the nursing home. By double crossing me, he found a means to deal with the horrid situation of an unaffordable nursing home. He used me, threw me under a bus and and as his face become clearer, he throws me under a bus at every opportunity.

I cannot have someone like that managing my affairs. This is not someone I want representing my inheritance.

The beneficiary is now significantly out of pocket for the renovation and without a residence due to the deception that the executor has perpetrated on the beneficiary. He lied, deceived and defrauded in a premeditated fashion, knowingly. Sociopathy. The executor cannot be trusted. The beneficiary cannot trust the executor to have his interest in mind. I learnt on that day that the executor was an enemy in disguise, mother was aware of it, father was still in the dark and now I was aware of it, it was suddenly clear that in there was something waiting to come out but only be seen to those it wants to hurt.

The executor can never to be trusted again.

…and the executor cannot to be trusted now for he is untrustworthy. I no longer consider him family or am safe with such a person managing affairs that affect me. It comes as a surprise and it takes time to identify and out such a person hiding as one of us. Yes, once the identification is made there can be no return. Only to whom the offence is directed realises and all the others that are not targeted believe another version of the person. Happy faces to you, and sad faces to those it abuses.

Bruno is in a nursing home I have visited him many times. Bruno was not in a state of managing his financial affairs and Raffaele, the executor was the self-appointed manager of Bruno's financial affairs while in the nursing home. When I asked Bruno about these issues, he would discount them and refer me to Raffaele. When I asked that such so-and-so repairs are required to be done to the house, he would simply answer “do them and discuss with your brother”.

As a family we always looked out for each other, we never treated each-other in the light that Raffaele has done, and as Raffaele treats family. We always treated each other like decent family members ought to and here we now are confronted with someone who behaving differently while acting as a family member.

…and it goes much deeper, again my mother who was was aware of the evil that Raffaele was hiding and exhibiting selectively and was exhibiting towards her. That she ensured that my name was on the title of the house for she knew that evil had entered our home. If my name was not on the title the house would be sold on the very day my parents were pronounced deceased. No emotion, only a facade. For this is what they had planned, the executor and his wife and this is what they were angling for in the destruction of the family finances. The evil is hiding and on face value it is hidden, it is safe to hurt family. My mother nagged the testator to “make a will” many times even quarrelling about it, in order that the executor and his wife were not give clear way for she knew the beneficiary would be thrown to heap, thrown to the rubbish with nothing in the care of the executor.

I recall the executor came to the house one day and stated to me “OK, you are not homeless” let us assume it is endearing statement intending that he has some kind of management skills and assume as if he cares for the beneficiary. But my dear what the stranger was really saying, “You are not homeless now. But I will make you homeless” Whether the executor know his behaviour or not is unknown.

After Raffaele bankrupted Bruno’s personal savings and substantially damaged the beneficiaries finances. It still was not enough to finance the nursing home. I confronted him many times to end the nursing home but he was hell bent on pursuing a direction that would lead to financial armageddon.

The executor position relates to financial management. He is damaging, going from crisis to crisis which he manufactures himself. He show no care and is a danger to the beneficiary.

I was off to south east Asia on the leasing of the property and on the day the property was leased I needed to move out quickly. As a short term solution I could make use of Raffaele’s garage to store my belongings. He stole all my belongings and I have received only minimal belongings, like a plate and a fork. When asked where is everything I left with you, he does not answer, he flees. Along so, he won't answer honestly with anything, he either lies and lies all the time and when his lies are too much, he flees and hides with no answer. He flees and hides many times. There were vases and objects which were my own property, such as the encyclopedia Britannica, the Ionian and Bolognese vases that have been stolen and he probably displays in his home or has discarded as cultural vandalism, not understanding classical culture. I am not Greek by the way but enjoy historical relevant art pieces and artefacts.

I communicated with Raffaele over the issue and he states “I am coming over to speak with you” after he steals my belonging he deems me persona non gratia and I was not allowed to visit him over his house. Your honour, it is the executor that stole the property. I am not permitted to visit him at his home for fear of answering to the theft. You are the thief here Raffaele, you are the persona non gratia. On Easter, the executor invites the testator over his house for the facade of care is still of value to the executor. The testator is made to believe I am not attending because I have objection to the executor and I ought to forgive the executor, rather the testator is being deceived.

Your Honor, there is not a day that has gone by in years that I have not been in anguish and anger over the executor’s actions of bankrupting us and disgusting his low life behaviours, the lies, the deception and now theft.

The Criminals Acts

When both my parents were both dying in a hospital, he let himself into the family home unattended possibly him and his wife and stole all the jewellery from the jewellery box. When confronted, his answer? “He took it for safe keeping, stating that someone might steal the jewellery if he did not take it”

Another evil lie and a despicable action that ought to concern and shock all that hear it. It is a criminal action. Under the cover of family to escape prosecution, the coward would never to do it a stranger.

When my mother passed away, she had a bank account, after agreeing to part the money into the account to an equal share. He took her debit card and stole the entire inheritance money. After stealing the inheritance, he comes to me and quote: “I know I owe you half of mother’s bank account money but can you pay the nursing home from your own pocket, it will only be $4,000 this time” At the same time the nursing home is unaffordable and bankrupting everyone.

I don’t remember giving you permission to take that money.

The nursing home is still unaffordable. The executor takes to making agreements with the nursing home and placing family assets as collateral and he does not have the means to pay the nursing and in response ask me to pay the nursing out of my pocket after he stole the money in mother’s bank account. He promises to pay me back. Hush, hush, I am still waiting to this very day. He states “mother would have wanted me to have all that money”, a false witness to the soul of his own mother. Despicable.

The executor begins making agreements with the nursing home and espouses the sale of assets and their transfer to the nursing home.

Every few months a new crisis and it is crisis after crisis for years.

The executor manufactures crisis and then goes from crisis to crisis, bankrupts everyone and throws me under buses at the same time there is theft, lies, fraud and deceptions.

The executor want me to pay for agreements he made with a nursing home while he owes me an amount of money similar to the amount he is asking for. The nursing home was the executor’s action and he has not contributed one iota to servicing it. The executor is throwing around assets hellbent on giving them away to whom ever like a drunken sailor.

I ask the court to see beyond the misappropriation and confusion in executor position and not take these kinds of behaviours lightly. In the safety of family this person is malicious, hurting people and committing what otherwise would be crimes.

I don’t like that person having affect over me. He needs to be shutdown.

For the past 5 years I have been in a battle with the executor to save the family finances from the management of the executor. He bankrupts everyone around him except himself and constantly wants to give away all the assets to cover the dumb nursing home. Behaving as if he works for the nursing home, in the accounts department. This kind of role playing is concerning and consistent with fraudsters. The focus be directed on prosecuting the fraudster with fury and not at the victims. The executor must be shut down.

Our family affairs has always been based on communication, consensus, respect and honesty. Just because your name is not on a deed it does not mean you should be ignored in the matter, that you won't be affected or it does not concern you. Family management is about being a good human being. The executor is not a family member and bring crisis and evil into our lives.

The nursing home is expensive and the rent from the property does not cover the nursing home costs, along with the rates and taxes. It is more expensive and so a new crisis ensues, for Raffaelle’s, the executor’s horrid management.

This time, it is making deals with the nursing home for some advance and if the advance is not paid, then the house can be taken by the nursing home. I am in rage. He comes over with the final solution, give the property to the nursing home. What a joke.

He states, mark it well “We will help you buy an apartment”. Wow! holy hell mate you snake, you are not helping anyone, anything. You are the nightmare! Do not imagine the executor helping anyone buying an apartment. Not for a second, what a disgrace. Expect homelessness and complete bankruptcy with Raffaele’s management and a complete pack of lies. Disgusting management of an evil spirit in our lives. After stealing my mother inheritance from me, he comes over and says “Now I know I owe money from mother inheritance” as if I gave him permission to take mother’s inheritance from me, he states that if I could pay an outstanding debt with the nursing home out of my personal savings. I ask about the renovation money and his reply is to belittle me and disrespect me, “Well how much does it cost to renovate a house” In Melbourne? Right, it is actually quite a sum especially if that house has not been renovated since it was built twenty years ago. It falls upon those that care enough to be destroyed in the executor’s management. Renovate my property to keep the charade of viability going, rather than simply taking courage and ending the nursing home as “unaffordable”, simple. The executor made the crisis, and then goes from crisis to crisis, ruining the financial situation of everyone around him.

So it falls on me to raise more funds to pay the nursing home so he can appear functional. I am not renovating another property and putting it up for lease without a written agreement from the executor, Raffaele as he cannot be trusted, He is a liar, a thief and a fraud and an evil spirit in our lives. Obviously no such agreement is possible instead, collect your own straw and do it out of your own pocket or we will sell the property. The property was not in a rental state and no money made available to bring it into a rental state. Who am I? Cinderella? So I organise a sub-standard property to be lease out. Theoretically there are 2 properties and 2 beneficiaries.

Again, he tries to double cross me. Waiting and watching for when the second property was leased. He makes the phone call to the agent and again attempts to reroute the rental income to an account he controls. This time I intercept and it no way this time. I state to him I need to control 50% of all income generated, and you need some limitation, we need damage control against your volatility to put an end to your deceitful and crisis driven behaviour. I need to see where are the bombs you are making now before you explode them on the family. His reply, “I'm telling daddy on you”. He states to Bruno that I stole the rental income, neglecting that I what I stated was I needed to be in control of 50% of the income for everyone’s protection against the executor. You need to seek consensus from me to proceed and I shall release the funds as required.

At this stage I am making the nursing home appear as if it works, and he is throwing me under bus at every opportunity. The idea of a nursing home is a horrible idea and he should never have brought into our lives. It was a mistake.

After holding half of the rental income. I inquire to the rates and land taxes and guess what, I find out that they have not been paid for some years. I confront the executor about it, “Who has been paying the rates and taxes” His sultry answer takes me back to the story of Cain and Abel, as if I had caught him out of something he was planning. “Why are you asking me?” I think back to the story of Cain and Abel. “Where is your brother Cain, How am I supposed to know. Am I my brother’s keeper?” Well, you are self-appointed manager of Bruno’s financial affairs, you ought to know.

So I find out, he has not being paying the property rates or the land taxes. These are the financial bombs of the future and crisis of the future that the executor was planning for us. The rent I secured began dealing with this issue and paying the rates and taxes in earnest. The amount of liabilities was diminished by my efforts, but what was in the pipeline was property seizure by the government for unpaid taxes. This was his next disaster for us, along with property seizure he incurred a nursing home debt that ballooned to $27,000 and was not being attended to. The nursing home telephoned me about the issue, asking for Raffaele address to summon him to a VCAT tribunal over the debt to seize property over it. That Saturday Bruno passed away as if he knew the gig was up and his solution was to depart.

Nursing homes are not our culture.

The executor’s management is a disaster and a disaster that never ends. Every crisis threatened family fortunes, family assets and it bankrupts and hurts everyone who cares enough to act. He needs to be stopped.

Bruno passed away and never suspected the executor as my mother did and I do now.

We ask the court to end Raffaele Ganino, reign of terror and for him to be out of our lives forever. I dislike him. I dislike him as a person. We wish nothing but bad on him and his wife but not his children.

Bruno had enough savings before the nursing home to cover his funeral and he was debt free. The executor bankrupted him. The debts of the estate were caused by the actions of the executor. The executor wastes our time and our money and delay of inheritance to the beneficiary.

The situation was out of control by cause of a person who shown great incompetence.

The servicing of the debt is by means of the work of the beneficiary and situation was returned to control after the testator had passed. The executor is a horrible financial manager and acts maliciously towards the beneficiary. The executor is a demonstrably terrible financial manager and a threat to the finances of the beneficiary and to the potential inheritance of his own children. The executor is unqualified to either perform the role of executor nor the role of financial management in any capacity.

During the time of probate, the beneficiary has paid down the debt and only a meagre debt remains easily serviceable by income generating properties.

We ask the court to end the madness.