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AIBU?

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Our cousins took our inheritance and gave it to their mother, I feel I can't carry on acting as if nothing has happened

438 replies

NeshButUpNorth · 16/12/2024 11:17

My deceased mother had brothers and a sister. One deceased brother and the surviving sister (i.e. our aunt) had kids. We used to go on shared holidays twice a year with our aunt's kids, we've always got on well.

Our bachelor uncle died 2 years ago, with no will. When we were chatting a few months later, my aunt's eldest told me that they were going to try to "so what my uncle would have wanted". I assumed my cousin would contact me and my sister in the future to discuss this, since they would need us to sign off anything that would change the legally defined distribution (which is 1/6 each to me and my sister), since it would be a criminal offence to do otherwise, which my cousin must know, since their spouse is a director of a legal company.

A few months after my uncle died, my sister was diagnosed with incurable cancer, with months, possibly a year or two to live. She had to go on sick leave for the chemo and radiation treatment, etc. After 6 months, her sick pay dropped to 50%, and after a year was due to end. She asked me what was happening with our uncle's estate, this being around 18 months after he died, with the house sold 6 months previously. I had received no updates, so she sent a facebook message to our cousin who was dealing with the estate, asking for an update and she described her health/finance situation. To our surprise, our cousin told us that they had given all the money to my aunt, rather than the 1/3 share the law defined.

I was baffled why they'd do this without getting legal documents with our consent first. Before I had a chance to form any further opinion, my cousins blocked my sister on messenger and unfriended her on Facebook. I assume that they think that she has done something so awful that she should be shunned and disowned.

Since then, my sister has had no birthday cards from them or my aunt, and no Christmas cards so far, whereas they've carried on liking my family updates on facebook, and have sent me cheery Christmas cards which arrived a couple of days ago. My sister is dwelling on the idea that they've lied on the probate forms, pretending that our mother never existed.

I just feel queasy and sick about it, how can I carry on as normal with them, or visit them at Christmas, even though my sister has told me she doesn't want this to oblige me to distance myself.
I want to explain to them how upsetting this has been, I've lost lots of sleep over this over the past few months, but now Christmas is coming, I feel I should say something, surely if I don't it will look like tacit agreement that I agree with their actions.

I was thinking of writing to my cousin, telling them how unhappy and sad this makes me feel. I feel that they have been so unfair in acting as if my sister has done something wrong, whereas they did not tell us what they planned (hence us having to ask for an update), whereas they have in fact committed a criminal offence (which I might not highlight). I had been wishfully imagining that my aunt might be unaware of all this, but then when I woke up too early again today fretting about this, I realised that if she hasn't sent my sister a Christmas card, then she must know all about it.

Initially I had been thinking for months to send a letter explaining how I feel to my cousin. Then after realising that my aunt must know about this, I've been trying to write a letter to send to my aunt this morning, to send with a Christmas card, since she asked how we are in the card she sent to me.
Surely that's the best option. Then I felt ill writing it, then decided to ask for advice here.

I definitely can't just carry on as normal, and I don't think I can say nothing.

OP posts:
Thread gallery
12
missod · 16/12/2024 13:42

I'm dealing with this right now as my last sibling died this year with no will and no children. Good luck OP, nearly a year on for me and still no resolution, probably because there's very little money involved and the solicitors are hopeless.

£30000 is a very large sum of money to many of us, the law needs to be followed. I can't believe some of the advice on here.

Wordsmithery · 16/12/2024 13:41

Forget any niceties. They know full well what they have done is ethically and legally wrong - hence blocking your DS on FB. Go to the solicitor and try and get their initial letter out before Christmas so they can stew over their hideous behaviour instead of enjoying their break. (Yes, petty, but why not.)
Honestly, inheritances and people's behaviour around them sicken me.

Dumbles · 16/12/2024 13:41

Your sister doesn’t have much time left potentially so this is important. She also doesn’t need the stress of dealing with this so you need to step up.

As everyone has said get a lawyer engaged today and legal letter sent asap.

It’s mind boggling you’ve not already DH had a conversation with your aunt / cousins but appreciate you’ve had other big things going on. I think you’ve been naive though.

Agree with others relationship with them is dead. For them to block your sister when she doesn’t have much time left is unforgivable.

ShanghaiDiva · 16/12/2024 13:41

CherryFlan · 16/12/2024 12:02

With a will the safeguard is that the will becomes a public document once it's been proved through the probate process. Anyone who might have been expecting something but didn't get it can check the will and hold the executors personally accountable.

Intestacy even easier because the rules are very clear and public.

Yes, the will is a public document, but I don’t think people are generally aware of that and if you weren’t expecting a gift under the will then you would not necessarily check. Given the amount of paperwork involved in the process it would tie everything up if beneficiaries had to confirm receipt.

Pensionswew · 16/12/2024 13:41

Your relationship with them is dead now.

They are thieves.
That they have a legal firm is most worrying.
You should also contact the regulatory body for their services.
This is a serious matter.

Memyselfmilly · 16/12/2024 13:40

I mean this is in the nicest possible way but they have taken advantage you, they think they can get away with it because you won’t stand up for yourself, they could care less about you. They sound like awful people who you should not have in your life and your first worry should not be about your relationship with them. It’s done. It’s dead. Because you are nothing to them apart from a potential source of income if you die.

who you do need in your life is a good solicitor and a will ensuring nothing of yours goes to them.

TiggyTomCat · 16/12/2024 13:39

You should not be worried about rocking the boat with someone who has actively defrauded you. They don't care about you enough so nor should you worry about rocking any boats.

Thingamebobwotsit · 16/12/2024 13:39

@NeshButUpNorth make sure you get screenshots and downloads of any messages between your sister and your cousins and get legal advice.

They ghosted your sister for enquiring about the estate. Normal families don't do that.

LadyBlackBurd · 16/12/2024 13:38

CheeseSandwich2 · 16/12/2024 13:28

So father in law had no living parents and his sister was his last surviving sibling. I don’t want to de-rail the thread and make it about me, I just thought it sounded similar. This was dealt with by a solicitor so the rules should have been followed properly.

Edited

Did your father in law have any deceased siblings?

Did they have children?

If so, they should have been beneficiaries (if there was no will in England and wales)

LewishamMumNow · 16/12/2024 13:37

People keep saying go and see a solicitor. Obviously that is right, but also go to the police - this is theft. Report it as a crime (or get your sister to in the time she has left).

Throughthebluebells · 16/12/2024 13:37

I'm always amazed at the number of people that offer incorrect legal advice on MN. Please don't assume you know the law when you clearly don't. As for the person up thread that said they were 'in law' - clearly they didn't last long enough to learn the basics!

Anyway, I would recommend that you ask a solicitor to write a suitably strong letter threatening legal action (and maybe throw in the suggestion of fraud). Legal action would be expensive, but usually the threat is sufficient to get a response and an offer to settle.

NeshButUpNorth · 16/12/2024 13:35

Marmiteontoastgirlie · 16/12/2024 13:26

I think what you should actually do instead of sending them a Christmas card (what?!) is support your sister in this and make it very clear you are on HER side! You’ve basically let her be the fall guy, she has been totally ostracised by one side of your family for asking a reasonable question about probate and you’re considering visiting them at Christmas? Please team up with your sister, get a solicitor to support you and sort this out legally. You’re not losing any special family relationship over this as they’ve already shown you they are willing to completely cut off a cancer survivor who asks for an update. They sound very horrible and I would absolutely be pursuing the 15k each and at the very least going on a lovely holiday with each other. Don’t let them get away with this OP and don’t let your sister be cut off while you continue to play happy families with her bullies.

Don't worry, I am teamed up with my sister, and i have no intention of resuming normal visits with the cousins/aunt

OP posts:
SympatheticCrooner · 16/12/2024 13:35

LondonLawyer · 16/12/2024 13:08

Always amazes me how people confidently give legal advice which is absolutely incorrect. There are standard intestacy rules in England & Wales.

There's a nice handy guide here:

https://www.gov.uk/inherits-someone-dies-without-will

To be fair, it is extraordinarily sensible legally, and I am surprised myself that it is so fair and just!

Iamnotalemming · 16/12/2024 13:32

So they have blocked your terminally ill sister (who called them out on their behaviour) but are trying to lovebomb you (who so far hasn't said anything)? Sounds very much like they are trying to get away with something they very much know is wrong, despite calling it 'the right thing / what uncle would have wanted'. As someone said upthread, it's amazing how the right thing aligns with their own interests.

Ghastly people. Sorry you are going through this OP. But you need to drop the pretence that these people mean well.

FridayFeelingmidweek · 16/12/2024 13:32

I think you SHOULD highlight the potential criminal aspect and that you will be contacting a solicitor. Why on earth wouldn't you just get on and do that? Especially after the way they have treated your sister.

Another2Cats · 16/12/2024 13:31

marmia1234 · 16/12/2024 13:03

Silly uncle not making a will. And giving probate to a husband and wife when their are other relatives is a recipe for disaster . Get a solicitors letter sent tomorrow outlining everything you know, including all family, all dates of deaths, intestacy rules etc,

"And giving probate to a husband and wife when their are other relatives is a recipe for disaster"

When a person dies without a will, it would not have been the deceased "giving probate"

What happens is that somebody who is in the class of the closest relatives applies for Letters of Administration (the equivalent of probate). In the OP's case this would be her aunt.

If the aunt declined to act then she would need to fill in a form stating that. I would imagine that the OP's cousin got her mother to sign a power of attorney form allowing the cousin and her husband to act in place of the aunt.

CheeseSandwich2 · 16/12/2024 13:28

AuntyEntropy · 16/12/2024 13:00

Did they have any other siblings/nieces/nephews though?

If you die with no parents/spouse/children/ grandchildren then your estate is split between your siblings in equal shares. If any of them are already dead then their children get their parent's share.

Edited

So father in law had no living parents and his sister was his last surviving sibling. I don’t want to de-rail the thread and make it about me, I just thought it sounded similar. This was dealt with by a solicitor so the rules should have been followed properly.

Lemonyfuckit · 16/12/2024 13:27

I would start with a strongly worded solicitor's letter and hope that is sufficient to make them redistribute the estate in the proper and legal manner. You mention that the cousin is a director of a legal firm - I'm not sure whether they're actually a solicitor but any dishonesty is looked on extremely seriously by the SRA, and so could very well get them struck off. Even if they're not actually a solicitor the legal firm is presumably regulated by the SRA and similar standards of honesty integrity and conduct will likely apply to other people in a senior role at a regulated firm, so again, could amount to grounds that the SRA would ban them from working for a law firm. I would therefore hope that a solicitor's letter and a realisation that you're on to them and will report them if necessary could do the trick with the threat of suing them, without actually having to sue (because as others have said suing is very costly and would eat up a large part of the inheritance - to be honest I'm not the sort of person who would let that lie though but that's yours and your sister's call). Good luck OP.

WearyAuldWumman · 16/12/2024 13:27

Soontobe60 · 16/12/2024 13:25

You’re not Suing as such. As the administrator of the estate, they have a legal obligation to ensure the estate is distributed according to the will or if no will, according to the rules if intestacy.
you need a solicitor to write to them and point out their “error”, give them your bank details and tell them you look forward to receiving your rightful inheritance.

Oh, I like this approach.

Marmiteontoastgirlie · 16/12/2024 13:26

I think what you should actually do instead of sending them a Christmas card (what?!) is support your sister in this and make it very clear you are on HER side! You’ve basically let her be the fall guy, she has been totally ostracised by one side of your family for asking a reasonable question about probate and you’re considering visiting them at Christmas? Please team up with your sister, get a solicitor to support you and sort this out legally. You’re not losing any special family relationship over this as they’ve already shown you they are willing to completely cut off a cancer survivor who asks for an update. They sound very horrible and I would absolutely be pursuing the 15k each and at the very least going on a lovely holiday with each other. Don’t let them get away with this OP and don’t let your sister be cut off while you continue to play happy families with her bullies.

Jamlighter · 16/12/2024 13:25

Take action against them, this money could make your sister's life so much better/easier at a difficult time

Soontobe60 · 16/12/2024 13:25

NeshButUpNorth · 16/12/2024 12:39

no, I need to talk to my sister again about this, she didn't seem keen to sue, but I should discuss it again I think

You’re not Suing as such. As the administrator of the estate, they have a legal obligation to ensure the estate is distributed according to the will or if no will, according to the rules if intestacy.
you need a solicitor to write to them and point out their “error”, give them your bank details and tell them you look forward to receiving your rightful inheritance.

wigsonthegreenandhatsforthelifting · 16/12/2024 13:25

You are mad if you don't pursue this legally.

I don't know how you can stand to be around any of them after the disgusting way they have treated your sister at such a vulnerable time!

They'd be dead to me and I would have no hesitation in telling the exactly why!! Pack of shysters!!

HellofromJohnCraven · 16/12/2024 13:25

It takes literally 1 minute on the govt website to understand the correct legal position.
In your shoes I would engage a solicitor to try and resolve it with them and take their advice with regard to enforcement steps if they don't cough up.

WhoopsNow · 16/12/2024 13:23

NeshButUpNorth · 16/12/2024 12:39

no, I need to talk to my sister again about this, she didn't seem keen to sue, but I should discuss it again I think

I would sue. If you don't want/ need the money you could give the money to your sister. Its not for them to unilaterally decide what the right thing to do is. They need to follow the law. If they won't follow the law they need to be prosecuted by it.