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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:
Thread gallery
12
Lassofnorth · 16/12/2024 18:34

Get in touch with them say you think there’s been a mistake in the distribution of funds and tell them your sister is unwell and needs her share? Even if you don’t feel you need the money you could give yours to your sister or your or her children( if you don’t have kids) If you act like it’s just a mistake maybe it will avoid a huge row?

IMustDoMoreExercise · 16/12/2024 18:28

Menstrualcycledisplayteam · 16/12/2024 18:08

I do ask for advice when it isn't completely obvious what the right course of action is. And then I ask people who are qualified/competent to give that advice.

Mumsnet is amazing in many, many ways. But the number of people who feel qualified to give legal advice on matters in which they are clueless is terrifying.

The OP is not asking for legal advice. If people give it, that is not her fault.

She is asking about relationships which is what MN is all about.

She is well aware that she can sue, and if she wasn't (for example if she had learning difficulties) then there is no harm in people pointing it out.

Also, a few people on here thought that she did not have a claim on the estate as they thought it went to the next of kin. These people would not have even gone to a solicitor if they hadn't asked for advice on here. How is that wrong?

TheaBrandt · 16/12/2024 18:22

Sometimes you need to stand up and fight and this is one of those times.

JustWalkingTheDogs · 16/12/2024 18:20

Least destructive course of action?!? They've blocked your sister who is having cancer treatment and taken money off her that could have seen her through her treatment, thus stopping any stress that comes with this. You could have given her your share to help with care for her.

I'd sue for your share and if your sister doesn't want to sue that's up to her

TheaBrandt · 16/12/2024 18:17

I think you need to step up here - for your sister.

Dh father is weak and passive he was an executor and stood by while the other executor carried out wrong actions. He now wrings his hands and says he should
have done more. His competent sister who was not appointed tried to get him to act but he didn’t as was too scared so they both lost out to the other sisters dodgy husband who was the other executor.

wordler · 16/12/2024 18:10

NeshButUpNorth · 16/12/2024 17:57

no, I know exactly what to do legally, I was asking more about ethics and consequences, and anyone's insights into this.

Have you or your sister in all this time
never double checked with the cousins from the other deceased sibling whether they have received any money and/or have ever enquired about it?

Has everything you know about the handling of the estate come solely through this one cousin responding to your sister?

Ohnonotmeagain · 16/12/2024 18:09

Having been through this, it’s actually really fucking useful to talk it over with people and gather opinions.

it’s family. You don’t actually want to believe they’ve done what you think they’ve done. You turn it over in your head looking for excuses as to why they’d do such a thing, surely there must be a reason or justification? That it’s not as bad as you think it is.

then you don’t want to completely blow your family apart. No one wants to report their sibling to the police. Is money really worth it? Did they genuinely do it out of malice, or is it a mistake and they don’t deserve prison.

having people validate your thoughts can give you that push to start properly seeking recompense, and not concerning yourself with the consequences for them. Or even if it goes the other way, you may decide to take a more conservative approach.

it may seem obvious to posters what o/p should do, but families are tricky and even anonymous online support can make a difference.

Menstrualcycledisplayteam · 16/12/2024 18:08

IMustDoMoreExercise · 16/12/2024 18:01

Just ignore @Menstrualcycledisplayteam

They are obviously a know-it-all and would never ask for advice.

Not sure why they are even on MN if all they can do is make stupid comments.

I do ask for advice when it isn't completely obvious what the right course of action is. And then I ask people who are qualified/competent to give that advice.

Mumsnet is amazing in many, many ways. But the number of people who feel qualified to give legal advice on matters in which they are clueless is terrifying.

Manara · 16/12/2024 18:07

ARichtGoodDram · 16/12/2024 16:35

That’s is your (silent) leverage.

write to both administrators (separately and by recorded delivery) asking them what’s happening with the estate as you are aware under intestacy laws you and your sister are entitled to share your mother’s share and when can you expect your share to be paid.

Remind them that they, as administrators, have personal responsibility to deal with the estate in a timely manner as per the law and you hope it’ll be resolved before you are forced to go down the legal route.

Their livelihood is buggered if they’re found to have committed a fraud like thiS and they’ll know it

OP, even if you sister says not to do this, could you tell her that you will do it in your name and leave her name out of it?

I think it would still have the same effect of making the administrators pay both your share and your sister's.

Of course if it will upset your sister than I can see why you may not want to.

IMustDoMoreExercise · 16/12/2024 18:01

NeshButUpNorth · 16/12/2024 17:57

no, I know exactly what to do legally, I was asking more about ethics and consequences, and anyone's insights into this.

Just ignore @Menstrualcycledisplayteam

They are obviously a know-it-all and would never ask for advice.

Not sure why they are even on MN if all they can do is make stupid comments.

stargazerlil · 16/12/2024 17:59

You don’t try to contact them, you get a lawyer and you go through legal process to get your money back.

NeshButUpNorth · 16/12/2024 17:57

Menstrualcycledisplayteam · 16/12/2024 17:52

Except her answers are woefully ill-informed/naive for someone who has taken legal advice. It's the same on here time after time "I've been invited to a disciplinary meeting, should I go?", "my landlord's trying to evict me, shall I stay put?", "I'm getting divorced, shall I just sign this document my husband's shoved in front of me".

She and her sister have been defrauded and she's asking advice on a parenting forum. Genius.

no, I know exactly what to do legally, I was asking more about ethics and consequences, and anyone's insights into this.

OP posts:
Motomum23 · 16/12/2024 17:56

Honestly give your head a wobble. They have stolen from you and their shame extends only so far as to pretend their terminally I'll cousin doesn't exist. Tell them you expect your share of the estate to be paid within 30 days or you will contact a solicitor. Then if you don't need the money offer your half to your sister as well.

Ohnonotmeagain · 16/12/2024 17:55

CherryFlan · 16/12/2024 17:09

Yes, leave a will!

Read the thread. According to the original post this was all done under the cloak of "it's what he really would have wanted to happen". That sort of fiddling is far less likely to happen when there is a properly written document telling everyone exactly what he had wanted to happen

Nope.

in our case the executor decided what the will
said wasn’t actually what the deceased wanted, and that she’d told them they wanted the executor to have x amount to pay off some debts.

so this is what they did. Paid their own debts, then nothing left, sorry beneficiaries.

made worse by they didn’t apply for probate as the threshold his phenomenally high, can be in excess of 50k in some banks.

so can’t even see the will to prove they are beneficiary? Or apply to probate court because there is no probate.

it is ridiculously easy to get away with money as an executor.

Menstrualcycledisplayteam · 16/12/2024 17:52

Except her answers are woefully ill-informed/naive for someone who has taken legal advice. It's the same on here time after time "I've been invited to a disciplinary meeting, should I go?", "my landlord's trying to evict me, shall I stay put?", "I'm getting divorced, shall I just sign this document my husband's shoved in front of me".

She and her sister have been defrauded and she's asking advice on a parenting forum. Genius.

Seymour5 · 16/12/2024 17:48

twobluehorses · 16/12/2024 16:35

OP you and your sister would be suing for half of the estate. It is absolutely worth doing particularly if you have legal expenses insurance. Get in touch with them immediately.

No they wouldn’t. The OP has made it clear there were four siblings, her mother, two brothers, and a sister. Only the sister, OPs aunt is still alive. The bachelor uncle’s estate is therefore split three ways, 1/3 to his surviving sister, and 2/3 to be split between the children of his siblings who predeceased him. Because OP has a sister their share should be 1/6 each.

Good luck OP, lots of good advice about next steps.

NeshButUpNorth · 16/12/2024 17:48

Daleksatemyshed · 16/12/2024 17:22

What nasty little money grabbers they are Op, please tell the other relatives who've missed out so they know what these people are like.
They've cut your DSis out because she asked for her money, they're only talking to you because so far you've let them get away with it, if you ask about it they'll cut you off too. Even if I didn't need the money this would destroy my relationship with them and I'd be happy to expose them - a person's will is their last wishes not a bloody serving suggestion

Their treatment of my sister has burnt all the bridges for me to be honest

OP posts:
NeshButUpNorth · 16/12/2024 17:47

AmIabigmeanie · 16/12/2024 17:07

Approximately how much money is it OP? Just to sort of gauge if it's worth fighting over / what their motivations are.

Of course the money that went to the elderly aunt will trickle down to the naughty cousins??

Probably about £15k each, i.e. total estate ~£90k

OP posts:
NeshButUpNorth · 16/12/2024 17:44

femfemlicious · 16/12/2024 16:56

Yes it is. You have t apply to the probate office they got the letter of administration from. First step is to check for the letter of of administration on the government website. Its really easy

I have that already, next step is the solicitor if my sister agrees, I just had a long chat with her, I will draft something and check it with her

OP posts:
HolidayHattie · 16/12/2024 17:31

You could send them a solicitor's "letter before action" that under the laws of intestacy, 1/3 of the estate should be split between you & your sister, which has not been done. They therefore have 28 days (or whatever) to remedy the situation without recourse to the courts. If it becomes necessary to take further legal action, you will be adding the costs of this to your claim, as they are clearly in the wrong.

TL;DR: Sending a solicitor's letter threatening court might be enough.

Chocolatesnowman2 · 16/12/2024 17:28

I ticked your being unreasonable
Because your acting like a wet lettuce
Get yourself to a solicitor

PumpkinsAndCoconuts · 16/12/2024 17:22

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 have chosen a destructive course of action. You can either roll over and do nothing. Or contact a solicitor.

Writing them a letter will achieve nothing (at best) or might even end up hurting you or your DSis legally (at worst).

Daleksatemyshed · 16/12/2024 17:22

What nasty little money grabbers they are Op, please tell the other relatives who've missed out so they know what these people are like.
They've cut your DSis out because she asked for her money, they're only talking to you because so far you've let them get away with it, if you ask about it they'll cut you off too. Even if I didn't need the money this would destroy my relationship with them and I'd be happy to expose them - a person's will is their last wishes not a bloody serving suggestion

ARichtGoodDram · 16/12/2024 17:11

AmIabigmeanie · 16/12/2024 17:07

Approximately how much money is it OP? Just to sort of gauge if it's worth fighting over / what their motivations are.

Of course the money that went to the elderly aunt will trickle down to the naughty cousins??

The OP said around 90k

So the aunt has been given either 90k (if they’ve defrauded the other cousins also) or 60k instead of 30k.

A nice extra amount in their mother’s estate potentially…

CherryFlan · 16/12/2024 17:09

Rosscameasdoody · 16/12/2024 17:05

Nope. Read the thread. According to England and Wales intestacy laws the surviving sister gets a one third share for herself. The two siblings who pre-deceased their brother also get a one third share each, to be divided between their respective children. The cousins have likely given all of the inheritance to their mum (the surviving sister) because they realise they stand to get nothing themselves and are hoping for a handout if she gets the lot.

Yes, leave a will!

Read the thread. According to the original post this was all done under the cloak of "it's what he really would have wanted to happen". That sort of fiddling is far less likely to happen when there is a properly written document telling everyone exactly what he had wanted to happen

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