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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
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.

Lawoclcodoow · 16/12/2024 11:21

Go and see a solicitor don’t bother writing to them if there was something in writing for it to be shared then they’ve acted illegally.

Moglet4 · 16/12/2024 11:23

Honestly, OP, why haven’t you seen a solicitor about this? If the cousin has illegally defrauded your sister and you then it’s not really about feelings but your rights. You should see a solicitor anyway to make sure that what she did was actually illegal - surely if money was to be left to siblings and one passes away then the money all goes to the remaining sibling, rather than the deceased’s children?

WhatTheKey · 16/12/2024 11:24

Don't write to the cousins. Go the legal route and do it now.
I'm so sorry about your cousins. What arseholes. And I'm even more sorry about your sister. This is the last thing you need. Hugs.x

WhatTheKey · 16/12/2024 11:25

Moglet4 · 16/12/2024 11:23

Honestly, OP, why haven’t you seen a solicitor about this? If the cousin has illegally defrauded your sister and you then it’s not really about feelings but your rights. You should see a solicitor anyway to make sure that what she did was actually illegal - surely if money was to be left to siblings and one passes away then the money all goes to the remaining sibling, rather than the deceased’s children?

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

Moglet4 · 16/12/2024 11:31

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.

Even more reason to see a solicitor then

fanaticalfairy · 16/12/2024 11:31

Moglet4 · 16/12/2024 11:23

Honestly, OP, why haven’t you seen a solicitor about this? If the cousin has illegally defrauded your sister and you then it’s not really about feelings but your rights. You should see a solicitor anyway to make sure that what she did was actually illegal - surely if money was to be left to siblings and one passes away then the money all goes to the remaining sibling, rather than the deceased’s children?

No, the money goes to descendants of the intended recipient (and if none, ascendants) there's very simple rules!

ARichtGoodDram · 16/12/2024 11:33

Either write to them yourselves reminding the administrator that they have a personal legal obligation to distribute the estate properly within the laws of intestate, or have a solicitor do it for you, and give them a set amount of time to respond with when you can expect the funds to be with you.

They are relying on the fact you won’t rock the boat.

Leeds2 · 16/12/2024 11:34

If there is no Will, wouldn't the estate go to your uncle's next of kin, which would be the aunt?

NeshButUpNorth · 16/12/2024 11:35

Moglet4 · 16/12/2024 11:23

Honestly, OP, why haven’t you seen a solicitor about this? If the cousin has illegally defrauded your sister and you then it’s not really about feelings but your rights. You should see a solicitor anyway to make sure that what she did was actually illegal - surely if money was to be left to siblings and one passes away then the money all goes to the remaining sibling, rather than the deceased’s children?

I have asked for legal advice, the solicitor said I can sue if I want, it is definitely illegal to give it all to the aunt.

The thing is, I might well have agreed that my share could go to my aunt, but I think my sister needed the cash more than I did.

Basically with no will, the English law says that the cash is divided between the living siblings, and deceased siblings who had kids, then the cash for each deceased sibling is shared amongst their kids/grandkids

OP posts:
NeshButUpNorth · 16/12/2024 11:36

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

OP posts:
ARichtGoodDram · 16/12/2024 11:37

Leeds2 · 16/12/2024 11:34

If there is no Will, wouldn't the estate go to your uncle's next of kin, which would be the aunt?

Next of kin has nothing to do with estates.

there are clear, and easily found, lines that have to be followed.

NeshButUpNorth · 16/12/2024 11:37

Lawoclcodoow · 16/12/2024 11:21

Go and see a solicitor don’t bother writing to them if there was something in writing for it to be shared then they’ve acted illegally.

I know, I felt like that for a while

OP posts:
ARichtGoodDram · 16/12/2024 11:38

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.

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?

Maddy70 · 16/12/2024 11:38

Without a will it goes to the next of kin ...his sister

Iwanttoliveonamountain · 16/12/2024 11:38

You’ve got so much going on, but strip it back it’s a legal matter and for legal matters you need a solicitor. get a solicitor involved - make sure they’ve had experience with this kind of thing before it’s common

ARichtGoodDram · 16/12/2024 11:39

Maddy70 · 16/12/2024 11:38

Without a will it goes to the next of kin ...his sister

Absolutely incorrect

NeshButUpNorth · 16/12/2024 11:39

Leeds2 · 16/12/2024 11:34

If there is no Will, wouldn't the estate go to your uncle's next of kin, which would be the aunt?

no, and it's fair enough to assume that, but the guidance on the forms explains it all, and the cousin's spouse runs a legal firm, so I doubt they are unaware

OP posts:
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.

Tricho · 16/12/2024 11:40

Maddy70 · 16/12/2024 11:38

Without a will it goes to the next of kin ...his sister

Really very wrong.

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

ARichtGoodDram · 16/12/2024 11:41

Also if there’s any chance your sister may end up needing to claim benefits you need to see the official breakdown of what was paid out: you need clear evidence she didn’t get anything just in case they’ve made out officially that it was all paid out properly

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.

ARichtGoodDram · 16/12/2024 11:42

Tricho · 16/12/2024 11:40

Really very wrong.

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

The confidence in which they state their wrong assertions is unreal.

YaWeeFurryBastard · 16/12/2024 11:42

Tricho · 16/12/2024 11:40

Really very wrong.

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

Completely agree with you, it’s absolutely astounding how people confidently state completely incorrect information on important matters. The correct advice is publicly available on the government website ffs!

Bingobanging · 16/12/2024 11:43

Maddy70 · 16/12/2024 11:38

Without a will it goes to the next of kin ...his sister

Why do people make statements like this with such authority? It’s so weird.