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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
WearyAuldWumman · 17/12/2024 20:27

Ohnonotmeagain · 17/12/2024 15:36

And?

most of us don’t like confrontation, especially when you know it will blow apart the family, people will take sides, and that could well be the end of your relationships with all extended family members.

i am not “scared” of the family members that did the same to us, but I know them. I know they’re a narcissist with a talent for spinning stories that makes them look like the victim. I know they’re loud and opinionated and utterly convinced they are right, and more knowledgeable on any subject than anyone else.

i’ve had them write me nasty letters, accuse me of all sorts, instruct me (incorrectly) on the law and what I “must” do, set me “legal”
deadlines and accuse me of acting outside the law. Refusal to produce requested documents, then allege it is me holding things up maliciously.

it’s a horrible process, sitting waiting for the next letter to drop on the mat.

even if you aren’t scared, it can fuck with your MH, make you doubt yourself, and cause a lot of stress.

fortunately there are enough funds that I have a solicitor supporting me through all this, so I am sure of every action I take. It’s still not great though.

Well said.

Annalouisa · 17/12/2024 19:50

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.

This is the way to go - I would not waste time with Christmas cards at this point. And do you really expect to have a relationship with them going forward, knowing that you cannot trust them?

And is them liking your Facebook posts worth the missed inheritance and the stress this has no doubt caused? You already know they are dishonest people, I would not value their cheery social media messages, if I were you.

Ohnonotmeagain · 17/12/2024 15:36

TheaBrandt · 17/12/2024 15:24

This reads as if you are scared of them.

And?

most of us don’t like confrontation, especially when you know it will blow apart the family, people will take sides, and that could well be the end of your relationships with all extended family members.

i am not “scared” of the family members that did the same to us, but I know them. I know they’re a narcissist with a talent for spinning stories that makes them look like the victim. I know they’re loud and opinionated and utterly convinced they are right, and more knowledgeable on any subject than anyone else.

i’ve had them write me nasty letters, accuse me of all sorts, instruct me (incorrectly) on the law and what I “must” do, set me “legal”
deadlines and accuse me of acting outside the law. Refusal to produce requested documents, then allege it is me holding things up maliciously.

it’s a horrible process, sitting waiting for the next letter to drop on the mat.

even if you aren’t scared, it can fuck with your MH, make you doubt yourself, and cause a lot of stress.

fortunately there are enough funds that I have a solicitor supporting me through all this, so I am sure of every action I take. It’s still not great though.

TheaBrandt · 17/12/2024 15:24

This reads as if you are scared of them.

AllThePotatoesAreSingingJingleBells · 17/12/2024 15:01

WearyAuldWumman · 17/12/2024 13:56

I think it took a year plus a couple of months to distribute my husband's estate. Part of the reason for the delay was Lockdown: my solicitor advised that funeral costs (which were paid straight away) also included any memorials so I couldn't calculate the precise amount in the moveable estate until after they were paid. There was a delay because of difficulty importing the stone, I was told. (For the Garden of Remembrance, only one design of memorial is allowed and you're told that the memorial is only "leased" for 10 yrs at a time though I've since been told that I'm allowed to take it away if I want so, I'm assuming that it's actually the space that's leased.)

There was also a delay in having an inscription added to an existing family memorial - a knock on effect from the stonemason's Covid backlog.

Did you mean to quote my post?

my comment refers to the uncle not making a will. There is no legislation that aims to guess at what someone might have wanted.

We aren’t in Covid now, and there isn’t a delay on distributing the will. The administrators have been very clear that they have distributed the whole estate, acted against the rules of intestacy and given the whole amount to their mum. That’s not a delay in distributing. That’s ignoring the law.

DoughnutDonna · 17/12/2024 14:36

I've had a long chat with my sister, and I think we will be starting the legal steps this week, I will draft something for her to check, which I suspect will be sent informally in parallel to a recorded delivery request for account of estate, distribution, etc. as advised by the solicitor I called about 6 weeks ago.

Excellent. i think you've been far too polite and dithering about this so far, these thieves were probably hoping that you wouldn't get their theft corrected by following up legally on what they've done.

absolutely shameful not to execute the will according to law - but most importantly, illegal.

morally and ethically we can all have opinions but they really don't matter. they have broken the law. it's as simple as that. they were hoping the emotion involved in situations like that would keep you quiet.

Gasp0deTheW0nderD0g · 17/12/2024 14:16

I'm not surprised the OP has struggled to confront her cousins over this. She has grown up with these people and has always believed they were close. It's very hard to accept when somebody you thought loved and respected you does something which indicates they really don't. We see it on MN all the time on the Relationships board. Women blindsided by a sudden discovery about a partner or spouse or child or parent. It must take time to process.

However, the OP has clearly done that now, and is preparing to challenge her cousins. Good luck!

WearyAuldWumman · 17/12/2024 13:56

AllThePotatoesAreSingingJingleBells · 17/12/2024 13:44

Well let that be a lesson to us all. The law doesn’t account for ‘didn’t get round to it.’

I think it took a year plus a couple of months to distribute my husband's estate. Part of the reason for the delay was Lockdown: my solicitor advised that funeral costs (which were paid straight away) also included any memorials so I couldn't calculate the precise amount in the moveable estate until after they were paid. There was a delay because of difficulty importing the stone, I was told. (For the Garden of Remembrance, only one design of memorial is allowed and you're told that the memorial is only "leased" for 10 yrs at a time though I've since been told that I'm allowed to take it away if I want so, I'm assuming that it's actually the space that's leased.)

There was also a delay in having an inscription added to an existing family memorial - a knock on effect from the stonemason's Covid backlog.

AllThePotatoesAreSingingJingleBells · 17/12/2024 13:44

wigsonthegreenandhatsforthelifting · 16/12/2024 21:25

Maybe he just procrastinated?

Well let that be a lesson to us all. The law doesn’t account for ‘didn’t get round to it.’

40YearOldDad · 17/12/2024 12:10

At best, they have made a mistake- sounds unlikely - at worst, they have screwed you and your sister out of £££ and are willing to block you in the hope it goes away.

What a sad life they have to screw close family out of 30k. Especially your sister.

schtompy · 17/12/2024 08:16

Solicitor..don’t bother with emotions, they know what they’ve done and I’m afraid family can be awful in situations like this, become people you don’t recognise and probabaly won’t again. Been there done that. Good luck

MissScarletInTheBallroom · 17/12/2024 07:44

Unexpectedlysinglemum · 17/12/2024 05:08

Before you say anything to them I would write to each of them asking for up to date address and contact details - they will assume this is for Xmas cards at this time of year. So then you have all their details before they inevitably block you too.

This is a good idea.

ineedwinemorethanchocolate · 17/12/2024 07:42

Why are you being so wet? They are utter bastards that have screwed you over. They don't give a shit about you. And they are confident that you won't rock the boat - why do you think this is? Please, please get this sorted. You can't ever be close with them after this, so you may as well get the money now. If you must, write them a letter, saying that you are very sad that they defrauded you, and sad that it has come to this, but that their actions have left you with little choice as to what has to happen next, re seeing a solicitor.

Unexpectedlysinglemum · 17/12/2024 05:08

Before you say anything to them I would write to each of them asking for up to date address and contact details - they will assume this is for Xmas cards at this time of year. So then you have all their details before they inevitably block you too.

Unexpectedlysinglemum · 17/12/2024 04:36

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.

I agree

GoldsolesLugs · 17/12/2024 01:13

Negroany · 17/12/2024 01:12

"pretending" to be a lawyer is not a criminal offense, root vegetables notwithstanding.

Pretending to be a solicitor or barrister is. But lawyer is not a protected term and anyone can call themselves that.

Criminal offence or not, I didn't accuse her of it! I didn't know it wasn't a protected term though - good to know!

Negroany · 17/12/2024 01:12

FancyFran · 16/12/2024 16:10

@GoldsolesLugs and I repeat for the fourth time I said take legal advice. I even directed the op to check her home insurance for legal cover. I did not give it even with a law degree. Read my posts and don't mis quote me.
I have never pretended to be a lawyer and if you know your onions that is a criminal offence!

"pretending" to be a lawyer is not a criminal offense, root vegetables notwithstanding.

Pretending to be a solicitor or barrister is. But lawyer is not a protected term and anyone can call themselves that.

burnoutbabe · 16/12/2024 23:45

I would speak to the other cousins and try and add them to any legal action (sharing costs)

I'd also report to fca or sra once it's established it's wrongly done even if too expensive to sue. Plus police. As it's the principle really. Not the money.

GoldsolesLugs · 16/12/2024 22:47

@NeshButUpNorth Good to hear that you are going ahead with legal action. One thing that I've found useful in situations like this is to write down my moral reasoning/justification for taking action. If you're like me you may start to doubt yourself once the process is underway. I think you'll feel better for having stuck to your guns when you come out the other side though.

Another2Cats · 16/12/2024 21:31

NeshButUpNorth · 16/12/2024 21:25

the cousin and spouse were granted administrator status as "the lawful attorneys of.." my aunt. This is a standard certificate from the High court, which I have a copy of.

Yes, this means that your aunt gave them power of attorney to act on her behalf.

Lassofnorth · 16/12/2024 21:30

wigsonthegreenandhatsforthelifting · 16/12/2024 21:25

Maybe he just procrastinated?

Maybe, but still no one can presume to know what he wanted.

LoyalTaupeTiger · 16/12/2024 21:27

NeshButUpNorth · 16/12/2024 11:36

I have felt like that, but am trying to find the least destructive course of action, which may well be pointless I know.

They didn't care about burning bridges with you, why should you care?

ScribblingPixie · 16/12/2024 21:25

I'm really glad you're going down the solicitor route, OP. I think it's important you correct this wrong for yourself as well as your sister. I hope it's resolved quickly (I feel like it will be).

wigsonthegreenandhatsforthelifting · 16/12/2024 21:25

Lassofnorth · 16/12/2024 21:23

If someone has firm wishes about who their estate goes to they write a will especially older people. Your uncle was probably happy with being intestate. No one can presume to know otherwise.

Maybe he just procrastinated?

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