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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
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NeshButUpNorth · 16/12/2024 15:49

Negroany · 16/12/2024 14:39

What is the view of the other deceased brother's surviving kids? I assume there are three of them who also didn't get their 1/6th? Can you rally them into action with you?

I haven't asked, I've only seen them at funerals really for a long time, and we send Christmas cards

OP posts:
NeshButUpNorth · 16/12/2024 15:47

FancyFran · 16/12/2024 14:36

Inheritance and taxation in Australian law is different. Don't go there.

Previous posters are correct if the aunt expects her children to inherit they don't. Only a deceased sibling's children inherit.
I did suggest up thread the op checks her home insurance for cover.

If any of these siblings are half siblings it can complicate things. Please don't take the advice of armchair Rumpoles. You'll lose out.

there are no half-siblings, and I do have legal cover on my home insurance

OP posts:
NeshButUpNorth · 16/12/2024 15:46

PearPartridge · 16/12/2024 14:38

What happens if someone spends all the money and then it's found some should have gone to other people?

I was told that the executor has to pay it from their own funds

OP posts:
NeshButUpNorth · 16/12/2024 15:45

femfemlicious · 16/12/2024 14:31

Did you try application for inventory and account at probate registry?

is that possible? or do you mean the original probate "letters of administration" certificate?

OP posts:
TonTonMacoute · 16/12/2024 15:44

Definitely sue them, once they know you are in earnest it may not even get to court.

As PPs have said, your relationship with them is now over, and that's not down to you. Think of it as acting for your sister if you feel bad about it.

TheOnlyAletheia · 16/12/2024 15:43

Just one point OP - you said that your cousin’s spouse ran a law firm and he was one of the administrators? If the firm is SRA regulated then the SRA would take an extremely dim view of it.

NeshButUpNorth · 16/12/2024 15:43

RockOrAHardplace · 16/12/2024 14:26

If I am understanding correctly, you and your sister are entitled to 25% each and not 1/6.

Three siblings One Uncle and two Aunts.
Uncle Dies with no children
Your Mum died leaving you two.
Your Aunt has three kids from the sound of it.

I'm assuming you have decided you are entitled to a 6th by counting your Aunt, her kids and yourselves? I don't believe that is correct.

I believe that had your Mum still been alive the monies would have gone 50/50 to your Mum and Aunt. None of the nieces or nephews would have got anything. However as your Mum died, you and your sister inherit your mums share. So Aunty gets 50% and you and your sister share your Mums share. If you chose to waive your right in favour of your sister that would be fine. It is not the administrators place to decide this.

there were 3 siblings who had kids + the other uncle with no kids whose estate we are discussing, therefore estate split 3 ways , then 1/3 split with my sister = 1/6

OP posts:
RockOrAHardplace · 16/12/2024 15:41

NeshButUpNorth · 16/12/2024 15:35

I haven't asked them, I rarely see them although I get on well with them, I live quite a long distance from the village where they all live

So was the Uncle that died in England? And I'm assuming that the cousins who handled the estate were the inheriting Aunties kids and not those you refer to above?

If that is the case then I think you do need to ask them if they have received their inheritance or been updated on what was happening? They maybe able to tell you something that settles the way forward for you?

twilightermummy · 16/12/2024 15:41

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.

I wanted to vote YABU for this reason but I didn't want to confuse and delay the op any further!

It beggars belief how passive you've been. I really feel sorry for your sister here. If my extended family treated my sister like that they'd have a problem with me, regardless of her health.

NeshButUpNorth · 16/12/2024 15:35

SunnyLurker · 16/12/2024 13:56

You mention in your OP, your mum had 2 brothers, what does the other brother/ his descents think of this?

I haven't asked them, I rarely see them although I get on well with them, I live quite a long distance from the village where they all live

OP posts:
Ohnonotmeagain · 16/12/2024 15:33

ARichtGoodDram · 16/12/2024 15:18

It’s generally a civil matter.

The only time I’ve heard of an executor or administrator being convicted criminally was for contempt of court (after ignoring the court order to sort out the estate)

there’s a difference between simply failing to act as executor, which in itself isn’t criminal as so goes to civil court.

stealing the money, not keeping to the terms of the will/intestacy, or appropriating it for your own use, is criminal.

however you may need civil court for an order to recover the money if a criminal court determines theft/fraud.

Oncewornballgown · 16/12/2024 15:30

Unfortunately your cousins and aunt believe that keeping you sweet will permit them to get away with fraud. Their appalling behaviour towards your sister has shown what happens when they are questioned. They applied to administer the estate and then have not complied with the law. They have full awareness of their actions and are basically a bunch of crooks. I’m not sure how you could even consider sending a Christmas card!
You are within your rights to write to them and ask formally for the details of the distribution given the length of time that has passed. If you are lucky they may well capitulate when they realise that everything could get complicated for them. You can’t trust a word these people say so definitely get their response in writing and don’t accept less than this. They can’t now say that there wasn’t any money left as they have admitted giving it to their mother.
I too am wondering what has happened regarding the cousins from your other deceased uncle. Even if you decide not to pursue a legal case they deserve to be confronted with their actions and their fraud/theft brought into the light.

RockOrAHardplace · 16/12/2024 15:25

GoldsolesLugs · 16/12/2024 15:15

Just out of interest, people are talking about suing on this thread. Does this mean that, if successful, the relatives would be punished for the criminal offence, or would it just get the OP compensation (i.e. her rightful share of the inheritance)?

No, she would have to go to the Police and report a crime for them to get a criminal record. To sue means to attempt to right the wrong legally and challenge their actions and putting stuff back to how it shoudl have been had it been done correctly.

Rosscameasdoody · 16/12/2024 15:21

ARichtGoodDram · 16/12/2024 15:18

It’s generally a civil matter.

The only time I’ve heard of an executor or administrator being convicted criminally was for contempt of court (after ignoring the court order to sort out the estate)

Depends on what they can be charged with. If any of the money has been spent then it’s theft, and it’s on the administrator to repay. Any legal punishment would be based on stealing from a living person in similar circumstances.

CherryFlan · 16/12/2024 15:20

Were you in law or an in law ?

In trouble with the law? An outlaw?

Definitely an autocorrect issue here Grin

Rosscameasdoody · 16/12/2024 15:20

GoldsolesLugs · 16/12/2024 15:15

Just out of interest, people are talking about suing on this thread. Does this mean that, if successful, the relatives would be punished for the criminal offence, or would it just get the OP compensation (i.e. her rightful share of the inheritance)?

The administrator of the estate would be criminally liable, and would be legally responsible for any shortfall in the payout. It’s theft, and think there’s a two year maximum prison sentence - based on the equivalent theft from a living person. There was mention of the cousins being part of a legal firm themselves, so possibly an investigation into misconduct would follow from the Law Society.

Lavenderfarmcottage · 16/12/2024 15:18

FancyFran · 16/12/2024 14:36

Inheritance and taxation in Australian law is different. Don't go there.

Previous posters are correct if the aunt expects her children to inherit they don't. Only a deceased sibling's children inherit.
I did suggest up thread the op checks her home insurance for cover.

If any of these siblings are half siblings it can complicate things. Please don't take the advice of armchair Rumpoles. You'll lose out.

Yes of course the laws are different between Australia and UK but our court systems have some similarities, because we were colonised by the UK.

I was explaining wha happened when my dear sister died without a will and how the system does not make it easy to forget or omit someone.

The point was not about half siblings. The point was about how you need birth certificates and death certificates and it is not easy to pretend relatives exist. Presuming this is the same in the UK then it was a dicey little game they’re playing.

ARichtGoodDram · 16/12/2024 15:18

GoldsolesLugs · 16/12/2024 15:15

Just out of interest, people are talking about suing on this thread. Does this mean that, if successful, the relatives would be punished for the criminal offence, or would it just get the OP compensation (i.e. her rightful share of the inheritance)?

It’s generally a civil matter.

The only time I’ve heard of an executor or administrator being convicted criminally was for contempt of court (after ignoring the court order to sort out the estate)

Rosscameasdoody · 16/12/2024 15:16

NavyTurtle · 16/12/2024 12:09

Your estate is divided equally between the nearest equal relationship - so that will the the sister. Look it up - I was in law.

Were you in law or an in law ? This is just not correct. The brother died with no other next of kin and no will. So the estate is divided up equally between any other full blood siblings. Of which he had three - two of whom have pre-deceased him. So his estate will be divided equally - one third for his surviving sister (OP’s aunt) and then each one third share for the two deceased siblings will be divided among their children respectively. OP and her sister are entitled to a one third share between them, as will be the children of the other deceased sibling. The cousins, who are the children of the sibling still living however, will not be entitled to anything - not hard to see why they’ve done it, is it ?

GoldsolesLugs · 16/12/2024 15:15

Just out of interest, people are talking about suing on this thread. Does this mean that, if successful, the relatives would be punished for the criminal offence, or would it just get the OP compensation (i.e. her rightful share of the inheritance)?

GoldsolesLugs · 16/12/2024 15:13

You're a nice person and it's admirable that you want to resolve it in a frictionless way, but think of it this way: they are imposing a financial (the lost inheritance) and emotional (pretending that you're OK with their mistreatment of you and your sister) cost on continuing the relationship. Personally, I wouldn't want to continue a relationship under those terms.

I bet you're also a bit conflict-avoidant but sometimes you have to fight back or forever be a doormat, and this is one of those times. Hopefully it shouldn't be too difficult - if the legal stuff you've posted is correct, it sounds like you just need to set the solicitor to work and the system will work things out.
Good luck!

NeedToChangeName · 16/12/2024 15:10

Tricho · 16/12/2024 11:40

Really very wrong.

The amount of people on here who resolutely give incorrect advice is astonishing

Yes it's terrifying how many people give out (incorrect) legal advice online, without even knowing where the deceased uncle lived ie which legal system applied

AnnaFrith · 16/12/2024 15:03

I said you were unreasonable to write to them or send a card.
They have behaved appallingly - and stolen from you and your sister.
Just sue them.

LadyBlackBurd · 16/12/2024 14:58

CheeseSandwich2 · 16/12/2024 14:50

No deceased siblings. No will. Worst thing is that he and his sister hated each 😢

I suppose the law has done the right thing then in this instance?

I don’t see anything wrong in deceased sisters estate going to her brother. If there are no children, who else would it go to (except charity)?

she perhaps didn’t hate her brother enough to actively ensure he didn’t inherit. No way to find out now unfortunately.

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