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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
Pussycat22 · 18/12/2024 09:25

Maddy70 · 16/12/2024 11:38

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

It will be shared amongst any remaining siblings or if dead , their children. Going through this now.

Cailleach1 · 18/12/2024 09:32

NeshButUpNorth · 18/12/2024 01:16

yes this was all about the emotional side, even after making my mind up about how to go forward, I woke up today thinking what if it's an innocent mistake?"
My brain keeps trying to find reasons to believe that my cousins have acted in good faith. It does seem very unlikely really, and I think I will have to accept that.

Why would they block your sister like that then? If they genuinely thought what they did was correct, then they’d have outlined why it was correct. Also, as she was ill, they really acted in a hard nosed way by blocking her.

So, even if you are willing to squint and give them all the benefit of any doubt, it does seem strange how they handled it if they thought all was above board.

boxes1 · 18/12/2024 09:54

We had something a bit similar.

Hopefully a legal letter will do the trick.

You will also be eligible for interest at Bank of England base rate. Make sure you get that too.

Good luck.

Oncewornballgown · 18/12/2024 10:23

They knew enough to apply to administer the estate and that this would be necessary due to there being property to sell. It is highly improbable that the cousins have acted in all innocence. The aunt possibly may not have understood if her child was acting with a LPA and told her that the money should all be hers. My guess is that they have all been of the belief for years that the bachelor uncle’s estate would naturally go to the aunt. Finding that he had no Will could have been a disappointment and they couldn’t bring themselves to distribute in accordance with the laws of intestacy. They see the money as being rightfully their mothers and any cousins wanting a share as being money grabbing. Hence, cutting the sister off and being nice to OP as she hasn’t asked for hers. Sadly, this could be the narrative going forward, no matter the injustice of it. I am so sorry for you both when you already have such sad and difficult circumstances.
If it is any small comfort, many of us have had to cope with people who are corrupt in their dealings regarding estates. Ask any solicitor, it is really very common. Yes, it is also deeply shocking, inconceivable and sometimes heartbreaking. Personally, I can’t view the world in quite the same way again after my experiences. I wish you good luck in going forward and pursuing your lawful inheritance. You aren’t the ones doing anything wrong here.

MissScarletInTheBallroom · 18/12/2024 10:35

NeshButUpNorth · 18/12/2024 01:16

yes this was all about the emotional side, even after making my mind up about how to go forward, I woke up today thinking what if it's an innocent mistake?"
My brain keeps trying to find reasons to believe that my cousins have acted in good faith. It does seem very unlikely really, and I think I will have to accept that.

How do you think they would react if you approach it like this?

If you call your cousin and say, "DSis told me that everything had been given to DAunt as "next of kin", but that's not what should have happened according to the intestacy rules. The estate should have been divided between the siblings, or the children of siblings who died first, which means DAunt should only have got a third of the estate, DSis and I should have got our DM's third, and [other cousins] should have got DUncle's third. This is stressing us out because as you know DSis is very unwell and no longer has any income. Please tell me this was an innocent mistake? I don't want to think you would do something like this deliberately."

LindorDoubleChoc · 18/12/2024 10:43

I think that's a really good message from @MissScarletInTheBallroom. Whatever happens OP - good luck, everyone here is on your side and your sister's side. This is one of those threads where I hope there is a happy update soon.

TheaBrandt · 18/12/2024 10:46

That’s a good message and crucially gives them space to put this right and save face “oops we didn’t realise” which is rubbish of course but you could all pretend it was an error and not theft but only if they pay out.

TheaBrandt · 18/12/2024 10:50

They might realise the public shame /
legal consequences aren’t worth having the money. That would be the best outcome. If they dig in you need to pursue the legal
routr

GoldsolesLugs · 18/12/2024 12:41

NeshButUpNorth · 18/12/2024 01:16

yes this was all about the emotional side, even after making my mind up about how to go forward, I woke up today thinking what if it's an innocent mistake?"
My brain keeps trying to find reasons to believe that my cousins have acted in good faith. It does seem very unlikely really, and I think I will have to accept that.

It seems really unlikely that it's an innocent mistake, but if you are the sort of person who's going to beat yourself up or feel guilty for not having exhausted all options before going legal then by all means send them a letter as suggested by other poster (although I'd check with a solicitor that it doesn't prejudice your legal position).

I think you already know both what the moral line is and what you want to do, but I wonder if you've got a guilt issue that makes you doubt whether you should go forward. I'm projecting massively here, so apologies if I've got it wrong, but I know from experience that this is how I would feel in your situation. If so, sending the letter is more to look after your emotions that for any other reason - and there's nothing wrong with that.

NeshButUpNorth · 18/12/2024 16:32

GoldsolesLugs · 18/12/2024 12:41

It seems really unlikely that it's an innocent mistake, but if you are the sort of person who's going to beat yourself up or feel guilty for not having exhausted all options before going legal then by all means send them a letter as suggested by other poster (although I'd check with a solicitor that it doesn't prejudice your legal position).

I think you already know both what the moral line is and what you want to do, but I wonder if you've got a guilt issue that makes you doubt whether you should go forward. I'm projecting massively here, so apologies if I've got it wrong, but I know from experience that this is how I would feel in your situation. If so, sending the letter is more to look after your emotions that for any other reason - and there's nothing wrong with that.

I think it's that I really want them to have made an honest mistake, and fix it, but I doubt that's the case.

OP posts:
WhoopsNow · 18/12/2024 18:05

NeshButUpNorth · 18/12/2024 16:32

I think it's that I really want them to have made an honest mistake, and fix it, but I doubt that's the case.

If it was an honest mistake they wouldn't have blocked your sister or ge ignoring her existence. They know what they have done. They just want you to STFU about it and be to embarrassed to confront it.

JellyTotsAreYum · 19/12/2024 18:29

NeshButUpNorth · 18/12/2024 16:32

I think it's that I really want them to have made an honest mistake, and fix it, but I doubt that's the case.

I've been the administrator of an estate where the deceased left no will. It asks you on the form you fill in for the names of siblings and if they are deceased the names of their children. (There's also guidance notes for the forms which explain how things work). So I understand the desire not to think family can be so dishonest, but unfortunately you'll have to accept that they are :(

WearyAuldWumman · 19/12/2024 18:35

JellyTotsAreYum · 19/12/2024 18:29

I've been the administrator of an estate where the deceased left no will. It asks you on the form you fill in for the names of siblings and if they are deceased the names of their children. (There's also guidance notes for the forms which explain how things work). So I understand the desire not to think family can be so dishonest, but unfortunately you'll have to accept that they are :(

Yes. My great-uncle died intestate. We had to get a solicitor - we were shocked to find that his estate was large enough for IHT.

He had 10 elder siblings, all deceased. The nephews and nieces living in the area all had to get together with the solicitor to give as much info as possible about heirs. In one case we had one current address for Canada, which allowed us to get two others.

One heir couldn't be found. Ads were placed in the papers. Two sons were found and it turned out that there was an adopted daughter who couldn't be traced. After a certain amount of time, all that heir's money was split between her sons, but they had to take out an insurance bond to cover their sister's share in case she ever turned up. (She never did.)

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