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Legal matters

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Just found out my mother died in January. No one told me before now and my sister has inherited everything.

198 replies

Ratatouee · 26/10/2023 06:33

I had an abusive mother growing up and when my father died a few years ago, no one told me for months (family members were afraid of her wrath). I didn’t even know he was ill/dying and was not notified of his death or funeral. I was incredibly sad about this. I live overseas, but my sister had my email as I visited her circa 18 months-2 years before he died (she didn’t mention to me at all that he had lung cancer and I think there’s a high probability she may have known at this point). I live overseas and so flew back to visit his grave and place flowers, as soon as I could, once I had heard the news of his passing.

Fast-forward a few more years, and I have found out via an old school friend this week, that my mother has also died (earlier this year). An unexpected/sudden death, apparently. I have been in shock. I just don’t understand how cruel my Aunty (who also had my email address and whom I thought loved me), could, in all conscience, not let me know my mother (her sister) had died, when she knew/saw how upset I’d been when I wasn’t told my late father was ill/had died? My sister has not contacted me either.

I’m guessing my sister must have inherited everything from our late mother’s estate, as no one has contacted me about her will. I’m not a materialistic person, however, my dad always told me and my sister that when he died, he’d leave each of us a house (he owned several at the time). I have no idea who the Executor of his will was and whether or not anything might have been left in his will to me. It’s a similar situation with my late mother: I have an old Will of hers she signed/had witnessed years ago, in which she states her wishes are to divide everything in her estate between my sister and I upon her death. I have no idea whether she changed her Will as we lost touch/didn’t get along for years due to her abuse, which continued into my adulthood. I’m not aware who the Executor of her will is either, or know where to begin to try to find out.

I’m wondering if anyone has any knowledge of contesting a will? Is it expensive? Is it worth the effort (etc)? I’m wondering if perhaps I haven’t been left ‘reasonable financial provision' as her eldest daughter (of two)? I’m a single, divorced over 55 woman with hardly and pension accumulated who struggles to fund a home/car/bills etc, (although I get by, by working my butt off). My sister was already well-off as she literally won the lottery decades ago (not the main prize, but a substantial amount that was enough to buy an investment property and a barn to convert into a home).

It can be costly contesting a Will from what I’ve read online. I’m not an adversarial person by nature, in fact I’m the polar opposite of my fiery/nasty sister and late mother, but the way I’ve been silenced/cut out, as if I don’t exist, has really upset me. If I were to gain anything from my late mother’s estate, I’d probably give it to my two adult children/her grandchildren. My mother had all my childhood/baby photos. At the very least, I’d have loved to have been passed some of them to be able to share with my children (and seem them for myself too after 50-ish years!)

Part of me says ‘sod them’ and I hope my sister ‘chokes’ on everything she has grabbed. The other part says: But what about all the poverty-stricken and abusive and neglectful childhood I had to live through, complete with emotional and physical abuse and now it’s as if I didn’t matter at all and didn't/don’t exist in my sister and mother’s eyes?

I’m wondering if you can please share your opinion of you would do in this situation? I feel really mixed about it all. She died in January this year, so I don’t even know if it’s too late to contest? I’ve only just found out, so I’m not sure if that has some bearing?

Sometimes, apart from my wonderful adult children, I wonder if it may have been better for me not to have been born at all. It would have saved all the pain, all the abuse and heartache and now this…the final ‘nail in the coffin.’ Literally.

Please be kind with your replies. She may not have liked me, but she was my mother after all. Thank you 💜

OP posts:
Thread gallery
6
WouldyouThink · 26/10/2023 12:00

What happens if the sister has spent the money already if you contest will there be anything left to give that’s one thing that would worry me

payriseday · 26/10/2023 12:00

I hope all those piling in on op with their personal views about this realise that it's posted in Legal Matters, not AIBU. No - I thought not.

Notinthegroupchats · 26/10/2023 12:04

Op I’m so sorry. My grandma did this to my doting dad and his sister. The two children who cared for her most. Left everything to the wayward brother. We will never know why she cut them out of the will. He visited her every week and adored her. All his childhood photos and those of his sister destroyed too. I hope you get some peace. It sounds like you’ve made a good life for you’re children.

jlpth · 26/10/2023 12:06

This reply has been deleted

This message has been withdrawn at the poster's request

This is shocking - but in order to avoid this, you need a letter that sits beside the will explaining why any child is disinherited. The solicitor will hold this as well. That way, contesting is doesn't really fly.

54isanopendoor · 26/10/2023 12:06

Yes. Although the world doesnt 'work that way' legally, morally it would at least pay for the OP to have long term counselling should she wish to. (Or a holiday!)
I appreciate that this is posted in Legal & sorry I cannot offer any legal advice OP but I did want to post to even up the see-saw of comments which appear not to understand the complexity & painfulness of the hand you have been dealt xxx

sandyhappypeople · 26/10/2023 12:07

OhComeOnFFS · 26/10/2023 09:22

I wouldn't trust your sister to give you anything you were due if she was executor, OP, so I would definitely look up the will online and double check.

This is what I was thinking personally, if the sister was executor and there was no need for probate, she could have quite easily taken the whole estate for herself against the wishes laid out in the will.

It may also explain why you weren't notified of her death, although that could also be down to your lack of contact with everyone too so not necessarily suspicious in itself.

I would definitely look into it though just to make sure nothing untowards has happened. If the will was present and laid out to give everything to your sister, at least you've got your answer.

I hope you get some of your personal effects back either way.

Lose10kyesterday · 26/10/2023 12:20

OhComeOnFFS · 26/10/2023 09:22

I wouldn't trust your sister to give you anything you were due if she was executor, OP, so I would definitely look up the will online and double check.

^This is what I think, too. Your sister may be looking to exclude you from what you were left in your father's will. He might have become ill suddenly and his wishes to contact you about it might have been ignored by those around him. Your sister may well have pretended to the Executor of his will that she had no idea where you were or had any way of contacting you, or, if she was the executor, she could just have decided to ignore your father's wishes. In that case, you wouldn't be contesting the will, you'd be suing your sister for knowingly taking your share, which is a different matter! Or, for some reason, your father may have decided or been persuaded to exclude you from his will and if you think undue pressure was put upon him by your sister to do that, at that point I should imagine you might contest the will but it might well not be worth the stress.
Good luck, I hope you manage to come to terms with whatever you find.

CosimoPiovasco · 26/10/2023 12:24

I would definitely get a copy of the wills, which you have a right to.

adriftabroad · 26/10/2023 12:29

themothergoose · 26/10/2023 11:58

I'd personally want to know if the old hag had died so I could pop a bottle. Then I'd find a lawyer and get my share of the estate.
Nothing to lose really.

😂This made me laugh, I hope it did you, OP

Artemis2023 · 26/10/2023 12:31

OP some horrible comments on here, please ignore them, they obviously have their own issues.

I think it’s really cruel of your family not to inform you of your parents deaths. I don’t agree with people on here saying NC children shouldn’t be informed, they need the opportunity to grieve too.

I would also be suspicious about it and check the wills, as if you have been left something they may not tell you.

My sister went NC with my dad because of the way he treated her.
He treated me differently - as others have said on here, parents can and do treat their children quite differently.
I could not criticise her for going NC because I had not experienced what she did. At the start I tried to help repair their relationship but soon realised it was not helpful. When he got very ill and didn’t have long left I did inform her so she could make her own choices about what to do. Thankfully, my dad split the Will equally between all his children and I felt that was fair.

I completely agree that the hurt of an abusive parent dying can be the loss of the chance for them to apologise for their behaviour. So even if NC there is still a lot to work through.

Just because OP was NC later on, they were still her parents and she had a relationship with them for a significant part of her life including her wedding.

Also all this talk about ‘tainted money’ - it’s just money!! The OP could use it for therapy, or financial security. Who knows what her life would have been like if her parents had not been abusive and I think she would deserve a share.

OP I think this will be a difficult period for you so please take care and be kind to yourself 💐

C8H10N4O2 · 26/10/2023 12:35

Artemis2023 · 26/10/2023 12:31

OP some horrible comments on here, please ignore them, they obviously have their own issues.

I think it’s really cruel of your family not to inform you of your parents deaths. I don’t agree with people on here saying NC children shouldn’t be informed, they need the opportunity to grieve too.

I would also be suspicious about it and check the wills, as if you have been left something they may not tell you.

My sister went NC with my dad because of the way he treated her.
He treated me differently - as others have said on here, parents can and do treat their children quite differently.
I could not criticise her for going NC because I had not experienced what she did. At the start I tried to help repair their relationship but soon realised it was not helpful. When he got very ill and didn’t have long left I did inform her so she could make her own choices about what to do. Thankfully, my dad split the Will equally between all his children and I felt that was fair.

I completely agree that the hurt of an abusive parent dying can be the loss of the chance for them to apologise for their behaviour. So even if NC there is still a lot to work through.

Just because OP was NC later on, they were still her parents and she had a relationship with them for a significant part of her life including her wedding.

Also all this talk about ‘tainted money’ - it’s just money!! The OP could use it for therapy, or financial security. Who knows what her life would have been like if her parents had not been abusive and I think she would deserve a share.

OP I think this will be a difficult period for you so please take care and be kind to yourself 💐

@Artemis2023 I don’t agree with people on here saying NC children shouldn’t be informed, they need the opportunity to grieve too.

You are assuming the NC relative wants to know and wants to grieve. That is far from always the case and forcing a victim to be aware and involving them in the process can be retraumatising.

Not all families are the same and the fact that most people would want to know does not give them, in their happier situations, the right to impose their choice on victims of abuse. Its wantonly cruel to so do.

C8H10N4O2 · 26/10/2023 12:36

Oh sorry - didn't intend to quote the entire post!

Artemis2023 · 26/10/2023 12:40

I didn’t say they had to be involved in the process. But in the OPs case, she has obviously found not being informed of the death very upsetting. So do you think the family were right not to inform her?

Fanlover1122 · 26/10/2023 12:46

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JammingJam · 26/10/2023 12:47

So sorry to hear you are going through this. It must be terribly upsetting. Unfortunately, nasty parents can be nasty in death too. 💐

Unfortunately, while you are struggling, you also get some awful “pile on” posters on MN who get very self-righteous and unpleasant about this.

I hope you have found some good practical advice to find out about the Will. And also beyond that some peace.

Best wishes

themothergoose · 26/10/2023 12:50

adriftabroad · 26/10/2023 12:29

😂This made me laugh, I hope it did you, OP

😂😂😂😂
She really has nothing to lose at this point. She could actually win part of the estate!

adriftabroad · 26/10/2023 12:54

exactly! 😁

Threeforteatoday · 26/10/2023 12:56

How damn privileged some are to not experience having to go low or no-contact with their family of origin.

Such narrow-mindedness shown by some here.

@Ratatouee I’m sorry you are in this
position (It’s one I will be in too so currently cannot help) I wish you well 💐

Just found out my mother died in January. No one told me before now and my sister has inherited everything.
MargotBamborough · 26/10/2023 13:00

themothergoose · 26/10/2023 11:58

I'd personally want to know if the old hag had died so I could pop a bottle. Then I'd find a lawyer and get my share of the estate.
Nothing to lose really.

Exactly.

You can't dance on the grave of someone you don't know is dead, can you?

BluebellsForest · 26/10/2023 13:11

This all sounds so painful, @Ratatouee.

I was pretty surprised at the cold judgement of the replies I read. I stopped and read just your posts. Unfortunately it seems now that almost wherever you post on MN you get dismissal and undermining.

I would possibly get copies of both your father and mother's wills, just to be clear on their intentions. But you sound like you may just want to move on.

To create your own happy family and break the cycle is a huge, huge achievement.

Flowers
horseyhorsey17 · 26/10/2023 13:23

NonMiDispiace · 26/10/2023 11:10

https://www.gov.uk/search-will-probate

It’s easy to get copies of wills; I got my grandparents’ wills, many years after they died, because I couldn’t understand why I didn’t get anything when they had told my siblings and I that we would.
It transpired that we were left sizeable bequests to us but my father (sole executor) chose not to give them to us. He’s dead now so obviously nothing can be done.
It took 9 months to get probate for his will, 6 months for my mother’s.

Edited

Did you ever get anything? Does that mean your father was able just to keep the money intended for you - surely that is illegal, and surely if that happens, there must be some way of righting this because otherwise it effectively negates the point of having a will, if someone can just override it and keep the cash?

horseyhorsey17 · 26/10/2023 13:26

BluebellsForest · 26/10/2023 13:11

This all sounds so painful, @Ratatouee.

I was pretty surprised at the cold judgement of the replies I read. I stopped and read just your posts. Unfortunately it seems now that almost wherever you post on MN you get dismissal and undermining.

I would possibly get copies of both your father and mother's wills, just to be clear on their intentions. But you sound like you may just want to move on.

To create your own happy family and break the cycle is a huge, huge achievement.

Flowers

There is a weird thing I've noticed on MN at the moment where elderly mothers can never be wrong and it's always the daughter who is evil somehow - even if, like the OP, there was a history of abuse from mother to daughter that the daughter has worked hard her whole life to overcome. I have concluded that there are a lot of angry, cruel/selfish grandmas on here tbh!

Ratatouee · 26/10/2023 13:47

To Tontostitis ‘re: if they had behaved like you have…’

You are laying ‘blame’ at the wrong person’s feet. In order to protect my own children from my mother, yes, I took a step back. She knew how to contact me. She didn’t. I was the one who tried to keep some level of contact going, by going to her home when back in the UK. I was patient, kind and humble towards MY ABUSER.

I’m sorry you’re so judgemental and short-sighted to post what you have. I feel sorry for you. Very.

OP posts:
Ontheperiphery79 · 26/10/2023 13:57

I'm sorry you've had so many unneccessarily shitty replies.

Just because you're NC with a parent/parents doesn't mean that you wouldn't want to be informed of their death. However abusive our parents may have been, they were still our parents.

Having been through very similar, my only advice would be to let it go...whatever that looks like for you. Therapy/a no send letter to your Mum; I don't know, but whatever helps you move through this.

Grieving for parents you were NC with is complex; none of the posters who have not been through this can possibly understand that

C8H10N4O2 · 26/10/2023 13:59

Artemis2023 · 26/10/2023 12:40

I didn’t say they had to be involved in the process. But in the OPs case, she has obviously found not being informed of the death very upsetting. So do you think the family were right not to inform her?

You said: "I don’t agree with people on here saying NC children shouldn’t be informed, they need the opportunity to grieve too."

That wasn't about this OP, it was about NC children in general who often have extremely good reason to want NC to mean NC and not be overridden by relatives projecting their own wishes.