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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
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ARichtGoodDram · 16/12/2024 12:04

If your cousins spouse works for a legal firm they’ll know the legal implications of it being done fraudulently.

It’s definitely worth the cost of a letter to put the wind up them and make clear it’s not going to just vanish.

Its especially worth reminding them that the administrator can be held personally responsible for any errors

AnonymousBleep · 16/12/2024 12:04

Speak to a solicitor NOW. I have no idea why you are tiptoeing around the feelings of people who have not only defrauded you, but your terminally ill sister who desperately needs the money. They are thieving scumbags. Don't let them get away with this.

Jewnicorn · 16/12/2024 12:02

OP do you have a good support network/people around for you? I’m wondering if you’re trying to keep the peace/think about reconciliation because with your mother gone and sister terminally ill these might be your last links to the family? In which case I’m even more sorry they’ve acted so horrendously.
I agree with the others, legally is the only way to challenge this shameful behaviour but I do hope you have lots of good people to lean on.

MandyFriend · 16/12/2024 12:02

Attempting to appeal to a better nature they evidently lack is futile, and it's crucial to seek legal advice without delay. Since your cousins have cut off contact with your gravely ill sister, any close relationship you had with them is essentially over. There's nothing left to lose and possibly a lot to gain. Should it be discovered that they deliberately excluded you and your sister from the forms, they would be guilty of a serious criminal offense. In such a case, the responsibility would be theirs, absolving you of any guilt.

CherryFlan · 16/12/2024 12:02

ShanghaiDiva · 16/12/2024 11:53

@Ohnonotmeagain
i am in the process of finalising my dm’s estate and you are absolutely correct there is a huge opportunity for executor fraud. No one checks that I have distributed the money as per the will.

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.

burnoutbabe · 16/12/2024 12:01

WhatTheKey · 16/12/2024 11:25

This is incorrect. The money goes to the deceased sibling's NOK by law. I have been in this situation.

Isn't that only if its direct descendents - if you leave it to friend bob and he dies before you, it doesn't go to bob kids - UNLESS THE WILLS SAYS OTHERWISE.

if you leave it to your kids, and one dies first, then in THAT case it does go to the deceased kids kids, UNLESS THE WILL SAYS OTHERWISE explicitly.

No will - and its dealt with differently, but if there is a will, then the above applies.

HairyToity · 16/12/2024 12:01

They have acted appallingly. Go speak with Citizens Advice, and lawyer up.

Projectme · 16/12/2024 12:00

Why would you be worrying about breaking down the communications and/or relationship you have with your cousins/aunt when they've clearly broken intestacy laws and treated you and your DSis dreadfully!? These laws are there for a reason; this being one of them (that family members don't get screwed over by the selfish, grabby ones).

The only engagement I would have with them from now on, is via my Solicitor. If only for your DSis to get some funds to help her through. What a horrible, worrying time for you and your sister; all made worse by 'family'. 🙄

NeshButUpNorth · 16/12/2024 12:00

This is for the USA

I live in England, as did my uncle

OP posts:
ColourBlueColourPurple · 16/12/2024 12:00

NeshButUpNorth · 16/12/2024 11:55

fair point, I have wondered if there is any chance of future reconciliation

Reconciliation?? After what they've done to your sister, you still want something to do with them? What a betrayal to your poor sister. Jesus.

NeshButUpNorth · 16/12/2024 11:59

ShanghaiDiva · 16/12/2024 11:41

its outrageous that the estate has been distributed how they imagine the uncle would have done it, rather than follow the intestacy rules. You could write and ask for a copy of the estate accounts and details of the distribution as you are one of the beneficiaries under the intestacy rules. State that if you do not receive accounts copy and amount due by x date you will engage a solicitor to pursue the matter.

I know, this is the next step if I feel like escalating it

OP posts:
Ohnonotmeagain · 16/12/2024 11:58

ShanghaiDiva · 16/12/2024 11:53

@Ohnonotmeagain
i am in the process of finalising my dm’s estate and you are absolutely correct there is a huge opportunity for executor fraud. No one checks that I have distributed the money as per the will.

Plus only the executor has access to financial records so no one else can get the evidence to show the fraud/theft, and it can’t be investigated without the evidence….

i even tried to get the bank who does have the evidence to investigate the executor misconduct. But no, only the executor can report misuse of a deceased persons bank account.

so the bank have their records that thousands of pounds were taken by the executor, years of financial abuse, but won’t act unless the executor asks them to….

it is absolutely head against wall. You can try civil court, but only if you have £££££££ do do so. So unless your share is in the 100k plus, you’ll lose more in legal fees.

ARichtGoodDram · 16/12/2024 11:58

NeshButUpNorth · 16/12/2024 11:55

fair point, I have wondered if there is any chance of future reconciliation

Would you want reconciliation?

They stole from your sister when she was having cancer treatment.

I didn’t like my sister at all, but I’d still not want a relationship with people who felt it acceptable to steal from her while she was having chemo.

NeshButUpNorth · 16/12/2024 11:57

SoNiceToComeHomeTo · 16/12/2024 11:40

OP, they've broken the law and whether you would have agreed to the estate being distributed differently if you'd been asked, is not the point.
This is a serious matter and I would certainly sue. You can't pretend it hasn't happened and they are being quite shameless about it by the sound of it.
Sad how large sums of money bring out the worst in some people.

I know, I've heard many awful stories about this sort of thing

OP posts:
Iwanttoliveonamountain · 16/12/2024 11:57

There could be no reconciliation until you’ve sorted the legal matter out. It’s very hard for you. It couldn’t be worse, but it will be better once you have a good solicitor on your side.

ARichtGoodDram · 16/12/2024 11:56

In the Uk a siblings right to inherit doesn’t die with them.

If there are four surviving siblings they inherit 25% each. If there are three of four
siblings surviving they still inherit 25% each with the deceased siblings 25% being split equally between their children.

Funandnames · 16/12/2024 11:56

The thing that bothers me the most here is that the cousins have said the ‘right thing’ to do is for their own mother to have the entirety of it? Which basically means it goes to them!

So, because OP lost their own mother, they get disinherited versus her cousins who get the whole inheritance simply for ‘doing what’s right’ 🙄 Funny how the terminally ill niece wasn’t part of the ‘what’s right’ equation…

twobluehorses · 16/12/2024 11:56

Maurepas · 16/12/2024 11:55

I voted YABU because you have NOT dealt with this matter at all in timely manner by taking legal action on behalf of sister. Outrageous.

OP is not legally obliged to take action on behalf of her sister. The outrageous act is that of the cousins not the OP

Maurepas · 16/12/2024 11:55

I voted YABU because you have NOT dealt with this matter at all in timely manner by taking legal action on behalf of sister. Outrageous.

NeshButUpNorth · 16/12/2024 11:55

ARichtGoodDram · 16/12/2024 11:38

Your relationship with them is dead. They are people who care so little for your and your sister they have stolen from her at an awful time of her life.

They don’t care about you so why are you trying to protect them?

fair point, I have wondered if there is any chance of future reconciliation

OP posts:
Vaxtable · 16/12/2024 11:55

@Maddy70

no idea where you got your print from. This is from the government site for England

Intestacy - who inherits if someone dies without a will?:Information based on your answers
The estate is shared equally between the brothers or sisters (not including any step-brothers, step-sisters, half-brothers or half-sisters).
If a brother or sister died before the deceased, their children (nieces and nephews of the deceased) will inherit in their place.
If any of these nieces or nephews died before the deceased, their children will inherit in their place and they are entitled to apply for probate.
If any brothers, sisters or their descendants died after the deceased, their share will become part of their own estate

Op is correct they are entitled to part of the estate

Dealingwithatrexrightnow · 16/12/2024 11:54

FumingTRex · 16/12/2024 11:21

I would be writing to a solicitor personally. They obviously dont care about how you or your sister feel I am sorry to say . I wouldnt waste time on the card.

This

twobluehorses · 16/12/2024 11:54

twobluehorses · 16/12/2024 11:53

This is absolutely incorrect. See the correct position for England below:

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/no/yes

Edited

Sorry I have quoted the wrong post. The link posted above by @Maddy70 is incorrect for England

ShanghaiDiva · 16/12/2024 11:53

@Ohnonotmeagain
i am in the process of finalising my dm’s estate and you are absolutely correct there is a huge opportunity for executor fraud. No one checks that I have distributed the money as per the will.

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