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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
Rosscameasdoody · 16/12/2024 16:47

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

Yep, this. Also maybe remind them that if the administrator takes more than twelve months to allocate the funds they may be liable to pay interest for any period exceeding that.

plasticflower · 16/12/2024 16:51

I think the best course of action is to state the intestacy rules - quote the gov.uk info in a factual letter to your cousins and aunt. Keep it impersonal and to the point. You could take the tack of "oh dear, you've unintentionally made a mistake here and we wouldn't want you to get into trouble." You should have done this when the fraud first came to light but I understand your sister has had enough going on and advised against it. However, aren't you both due to inherit?

They may do the right thing or they may get defensive. I fear they will give you the runaround and being vaguely in a legal field may have access to professional delaying techniques! Then you'd have to decide if it's worth the expense of taking legal action against them to recoup the £15K each (?). Personally, I'd sue them up to the max cost of the money I might get back IYSWIM as I'd like to see them do the right thing even if I'd get nothing in the end. However, that's the end of harmonious family relations.

NoBinturongsHereMate · 16/12/2024 16:53

However, that's the end of harmonious family relations.

Harmonious family relations are already a dot in the rear view mirror.

Rosscameasdoody · 16/12/2024 16:54

mugglewump · 16/12/2024 13:04

If someone dies intestate, the estate goes to the next of kin, which assumably was your aunt. This is what has happened, rather than your cousin arbitrarily choosing for the estate to go to his mother. Perhaps he felt that it was too much hassle to fight to change it to a different distribution, as well as feeling guilty that this is what the law decreed and he couldn't be bothered to try to contest it. If you want to contest it, you can either ask your aunt to bequeath part of that estate to you in her will, or ask her for a gift now (assuming she will live for more than 7 years, otherwise only £3k is allowed as a gift). The only other alternative is a costly battle through the courts where you will have to prove that it was your uncle wish for his estate to be divided equally between his nieces and nephews. I am not sure how easy this would be.

As for your aunt and cousin giving you the cold shoulder, this could be partly guilt or fear of confrontation. The whole inheritance thing is awful IMO, I think it would be much better if everyone's estate went to the state, so these kind of very common family disputes didn't happen anymore. If this sounds crazy, my mother died before my grandmother, and my aunt had her mother change her will to leave her fairly sizable estate to her only, rather than split my mothers half between my sisters and me. We had a choice, fight it, hate it or accept it. I chose to accept because I didn't want the stress of the fight and I didn't think it was fair on my deceased family members to create rancoeur with our relatives. However, I do wish that we were never put in this situation and I am secretly pleased that my aunt's farm will be subject to inherritance tax now!!!

Sorry, the first paragraph of this is utter garbage.

Boomer55 · 16/12/2024 16:55

Maddy70 · 16/12/2024 11:38

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

This. Moral of story: Leave a Will. 🤷‍♀️

femfemlicious · 16/12/2024 16:56

NeshButUpNorth · 16/12/2024 15:46

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

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

AnonymousBleep · 16/12/2024 16:56

plasticflower · 16/12/2024 16:51

I think the best course of action is to state the intestacy rules - quote the gov.uk info in a factual letter to your cousins and aunt. Keep it impersonal and to the point. You could take the tack of "oh dear, you've unintentionally made a mistake here and we wouldn't want you to get into trouble." You should have done this when the fraud first came to light but I understand your sister has had enough going on and advised against it. However, aren't you both due to inherit?

They may do the right thing or they may get defensive. I fear they will give you the runaround and being vaguely in a legal field may have access to professional delaying techniques! Then you'd have to decide if it's worth the expense of taking legal action against them to recoup the £15K each (?). Personally, I'd sue them up to the max cost of the money I might get back IYSWIM as I'd like to see them do the right thing even if I'd get nothing in the end. However, that's the end of harmonious family relations.

I don't think they will need to go down the legal route. Grabby cousins work in the legal field and have broken the law to give the full inheritance to their mum (and therefore, later down the line, themselves). If this was to come out publically, they'd be in serious professional trouble. I'd imagine grabby cousins thought the OP and her sister would just roll over and let them steal their money from under their noses with no pushback whatsoever. Once they realise that not only is this not happening, but their livelihoods are at stake, they might try and up their game and go for full-on bullying tactics, but more likely they'll just give them their share of the money.

They still owe the other cousins money too.

TheaBrandt · 16/12/2024 16:57

Why do people like this authoritively answer questions and are flat out wrong? Unbelievable.

This is outrageous op and agree with the informed posters. They have broken the law. They are nothing more than common thieves bad enough in normal circumstances but with your sister so unwell their behaviour is utterly repugnant. Give them hell.

Manara · 16/12/2024 16:59

This thread has inspired me to create my own thread about our family home going to DB.

Thanks OP.

Rosscameasdoody · 16/12/2024 17:05

Boomer55 · 16/12/2024 16:55

This. Moral of story: Leave a Will. 🤷‍♀️

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.

GoldsolesLugs · 16/12/2024 17:07

TheaBrandt · 16/12/2024 16:57

Why do people like this authoritively answer questions and are flat out wrong? Unbelievable.

This is outrageous op and agree with the informed posters. They have broken the law. They are nothing more than common thieves bad enough in normal circumstances but with your sister so unwell their behaviour is utterly repugnant. Give them hell.

Main character syndrome. Their strong intuition is too important not to share, even on factual matters of which they are ignorant.

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??

GoldsolesLugs · 16/12/2024 17:08

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??

She already said 15k each I think.

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

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…

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

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).

Chocolatesnowman2 · 16/12/2024 17:28

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

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.

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:
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 17:48

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:
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.

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.

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.