Dodgy Uncle Spent My Inheritance

In her Will, my grandmother stated that me and my brother would be left any cash that was in her account.

During the 3 years she was in car, my uncle was overseeing her affairs and drained over 100K in cash out of the account in cash withdrawals.

Money that also unaccounted for was her pension and rent from her flat that was let during her time in care.

My question is, is the bank likely to give me a copy of the statements given that the account was essentially left to me in her will?

I have excerpts of the Will and Death Certificate.

Putting this uncle in charge of the estate is literally Dracula in charge of a blood bank - he has a long history of theft and dishonesty but was the apple of his mother's eye.

Comments

      • +5

        Its more of a principle thing for us really as we know funds have been misappropriated

        You don't know that. You may suspect misappropriation but you have no proof.

        TBH, not sure why you're so bothered by it. He was her favourite and he got more than everyone else. In a way, that's exactly how it should be.

        • +6

          You don't know that. You may suspect misappropriation but you have no proof.

          Yes the OP story is based around this.

          Thinks there was $100k in the bank, but in a reply said doesn't know for sure how much was there. So $100k just a 'guess' it seems.

          Hasn't seen bank account statements, but sure the uncle spent it all on himself.

          Doesn't know if the grandma was getting a pension or not once in care. Has no idea what the care was costing.

          Doesn't know where the rental income went so in a post above, just assumed the uncle spent it.

          See a trend….. I do.

  • -2

    Maybe try getting a "Letter of Demand" for the release of the bank accounts statements written up, either from a Lawyer, or make it look like one from a Lawyer. Might be enough to scare him into coughing up the bank statements so you can see somewhat of what has happened to the cash.

    • +1

      hahaha letter of demand to release bank statements.

      • +1

        Didn't suggest it was a high percentage play 😆

        • +1

          Username checks out ;-)

  • I have the same situation happening but in NZ. Other people have control of my late mums bank acounts. I know they drew money out after she passed because they paid for my fare over and I asked if it was mums money. I called her solicitor as her daughter and a beneficiary but they said they can only deal with the executor and told them I thought they were a thief. I asked for a copy of the Will and didnt get it. She had 100000 in her accounts last seen a few months ago. I have been kept in the dark and just have to wait for probate and get what I am given. No one will tell me anything and no one will speak to me as I have been made to look like the bad person for asking questions. The execotor didnt want to know us. I looked at the probate court website and it says that for 30 dollars you can get copies of papers

    • wow that all sounds very familiar.

      I think it gets back to the sloppy will (as in my case) that was made in the first place.

      Something as vague as "the money left in my account" means nothing.

      Money should have been either explicitly nominated - ie "I bequest 20K" etc or put into a trust.

      This has divided our family to the point where we no longer have a relationship with my father or uncle and it could have so easily been avoided.

    • +5

      I know they drew money out after she passed because they paid for my fare over and I asked if it was mums money

      So you're complaining they paid for your airfare out of your mums estate? You do know you got the full value of that, not them.

      I'm also guessing you couldn't afford to pay it yourself? so just wow.

      I looked at the probate court website and it says that for 30 dollars you can get copies of papers

      ok then do that.

      • Technically no money should have been taken out. I was not asked if could pay nor told how much they drew out. There was 2 fares and accommodation so is it not my business as it is my mum and I am a beneficiary?

        • +3

          Did you have the money to cover these costs?

          Your issue isn't the same as the op, as you received the money from the estate you are receiving a share from.

          The plot twist is, that money might come out of your share ;)

  • +1

    It'll probably be easier (and arguably more appropriate) to get bikkies to get involved than lawyers.

    • i'd love to but these people are not worth going to jail over.

    • +13

      Not sure what biscuits are gonna do here

    • +2

      More specifically Arnotts Scotch fingers over a cup of tea !

    • What about Superman?
      This situation reminded me of the start of Superman Returns.

  • I am supposedly getting something becauseI have been asked for my bank account details but there is no transparency and I have no idea whats left

  • +1

    And I have no family at all now

    • +1

      just because people are related to you doesn't mean they are good people and you should keep them in your life. I wish I realized this earlier.

      • I found out I had satan for a sister

        • Lucky you found out. No loss at all.

        • We must be brothers , hopefully my sister doesn’t read this, I am joking

    • maybe for the best unfortunately - I hope you're doing ok

  • Spent My Inheritance

    Would it make a big difference to your life? I mean really. You say it doesn't but you're after something.

    On a positive note, free money is not necessarily good for anyone. Just look at all the lottery winners.

    • Just look at all the lottery winners.

      Quitting their jobs, living in beachside mansions, yeah, that must be terribly hard for them!

      • It's hard to estimate what percentage of them manage to end up no richer or happier than before they won the money. The good stuff doesn't last forever though.

      • it's estimated about 70% percent of them blow all the money and are flat broke 5 years later

    • Maybe it would make a difference at least symbolically, it was a final gift from ops grandmother, to have that final gift removed after losing your grandmother is not necessarily something everyone can just shrug off.

  • +1

    Soooo much incorrect and/or misleading information in this thread it makes my blood boil.

    OP see a lawyer.

    • Yes I know!

      I did look into legal action and stopped when I saw that a junior lawyer was going to cost me $450 an hour.

      I estimate around 40K has been mishandled - my share of that is 20K - that doesn't buy many lawyer hours, assuming you win and don't have to pay someone else legal costs too.

      Its just a principle - i don't need the money desperately.

      • +1

        Have you tried an online lawyer marketplace?
        Easy/quick to put a brief together and ask for a bunch of quotes - then review their previous feedback.

        For my business (for contract stuff) the lawyer I got was very good.

  • Some of that incorrect info is from your own posts as well just FYI.

    Lawyer up or move on.

    There's no Inbetween in a scenario like this.

    • +1

      So lawyer up at $450 ph up to chase a O bank a/c left in a will .

      Zeggie is it April fools day lol ?

      • +2

        Most decent local / mid tiers will offer a free initial conference. They can indicate what avenues OP has available (if any) and potential likelihood of success, and the costs, of said avenues.

        OP can then make an informed decision regarding their situation.

        Any other dribble you wish to share?

        • Just any follow up in this is wasting time that's all m8 :)

  • I now need to make sure that these people are removed from my own Will (my next of kin) as they said they dont like me. I would sooner see it go to the Govt and charity

  • You have to make sure you take matters in your own hands, 20 years ago my mum agreed to a small life insurance policy. I paid the premiums for all that time. Unfortunately I paid more in than I got out but thats because it was on the old rules which have now been changed, Still it has helped me get through this

  • +11

    Oh cool, Pam has mistaken yet another thread as her personal rambling blog.

    • yes I had better find something useful to do instead

  • How old are you? Confront your uncle?

  • +4

    Not all uncles r dodgy

    • Although many are snakes.

      • +1

        the origin of my name

        first two words i could think of,
        1 day later makes me sound like a creep

  • You never had the money in the first place, but it is a good indicator you need to distance if not disappear off the radar of this uncle. Nothing good can come of a person like that.

    • he is outcast from the family anyway. We were not close even before this happened, hence his total disinterest in leaving anything in the kitty for us.

      • If your grandmother intended you to specifically get a certain amount, then she would/should have written that into the will. Unfortunately easier said than done when they’re in a vulnerable position and everyone wants a piece of the estate.

  • my mum burned thru 75000 in a year in a nursing home, she was able to go out and spend until near the end, hearing aids cost a lot

  • Ah yes the dodgy uncle. Hubby had the same. The one that didn't work for 30 years, claimed a carer allowance "looking after" the grandmother (his mum) while she was in a nursing home, lived rent free in her house for years, ran down both her home and his own, bought her a car with her money that he drove all the time, then when it came down to selling grandma's house he kicked and screamed the whole way through making the process a massive headache! When it got passed in he bought it off his siblings (husband's mum and other uncle) by massively undervaluing it and they accepted just to get him off their back (he sold his dump to pay them out). I mean really. Families can be the worst. The family home is now a tip. Absolute waste of space.

    • How do these people live with themselves… Sad to hear and hope that nothing like that ever happens to you, (again) or anyone here.

    • +2

      A sad yet familiar story.

      Like I keep telling my wife, its worth 100K to have these horrid people out of our lives so they can play no influence in our kid's development.

  • he has a long history of theft and dishonesty but was the apple of his mother's eye.

    Just because he was a bad uncle or bad person does not diminish his relationship with his mother or make you more entitled to her money.

  • Families suck. My Grandfather passes in January 2013 and his 3 offspring (including my mother) are still fighting with the 3 Executors and each other. In the meantime, family relationships have been irrevocably damaged.

    After seeing how much they've burned through in legal fees, Executor fees and all the rest in my particular situation (every situation is different of course), I'd probably forget about it since you really don't have any proof of what was in her account.

    Aged care is expensive if you go in without a Residential Accommodation Bond, so take that into account too. And if she had assets outside her family home, I don't know how she would have qualified for non-RAB entry into care anyway.

    Something seems amiss.

  • Forget it, there's nothing you can do. I got done by my own family. Missed out on a house, left to me when I was 8 by a close family friend. Another time it was a Million dollars, 40 years ago, my old man ended up with that. And I got kicked out of my Grandmother's estate as a young adult receiving nothing, by my 'so called' siblings.

    What hurts most is not when you've got no money but realising you missed out so much, it's when no one will help you. Don't worry, you'll get over the vengeful thoughts eventually. Took me a few years, but I'm done with my family.

  • Let the ATO know, undeclared income or living outside his means… Walk away with what you got.

    https://www.ato.gov.au/general/gen/making-a-tip-off/

    • this had already occured to me.

      Do the ATO follow up on these tips?

      This would seem to be pretty small fish

      • Id expect they would, if you throw out a number that is a fair estimate like the 100k cash + possible income from rental & misuse (to be proved) of pension etc which is all unaccounted for.
        If you're lucky they probe him on it all and has to come up with some lies or records, then if this doesn't meet their needs (given how hard they are going after people since their own corruption situation internally) they may chase a lot further and try reclaim something.

        Little to lose out of it if there is next to zero chance of anything more equitable.
        Welcome to family, most of them are sh!t.

      • No. Tried that trick with old man. ATO couldn't give a rats. Even though I had proof he was screwing them out of tax. Pffft.

        • Damn that sucks.

  • As power of attorney he needed to keep records. The claimant would be the estate.

    Its complicated because you need to first challenge his position as executor (probably smart if he is dodgy).

    Then once state trustees are appointed you need to have the estate (state trustees) pursue your uncle for the money that he spent that should be part of the estate.

    This will all take a long time. Ample time for your uncle to create 'records of expense'.

    It could be years before the matter is settled. You will lose all contact with your uncle and destroy your father's relationship with his brother. You might get a few grand.

    Perhaps if you took a more active role in the care of your grandmother you might have more of an idea of the situation as it was at the time and could have taken steps to address it before this point.

    Let it go…. But perhaps convince your dad to get a different executor.

    • I'd say my uncle will claim that he took the cash with his mum's blessing - like a gift etc - she's not around the confirm or deny.

      • +4

        As power of attorney he was responsible for the funds not your grandmother. He cannot legally gift himself cash. It's a breach of his duties.

  • -4

    Hey OP I going to give some useful advice compared to previous replies though currently from what material facts you have given us no one can give you an actual answer to your questions you will need to speak to a lawyer but here is some general advice.

    1 as already indicating in this thread your claim of inheritance is kinda weak being that you just supposed to get leftovers of money in bank account and not specific right to certain sum or particular property. Also that you are lower priority on inheritance list because you are a grandchild so at law generally it goes in order of priority spouses, those who are dependent on deceased, children then grandchildren and depending on circumstances other relationships ie brother/sisters or cousins etc.

    So you may have rights to getting money from your grandmother but there is not significant amount you entitled to in the inheritance and without knowing the full circumstance it is difficult to tell if your uncle has mismanaged your grandmother assets if he stole a lot more then it might be evidence ie property that can be traced or committed fraud traceable then other beneficiaries of your grandmother will stand better change at joining together to get all of your proper inheritance and by suing your uncle either he pays out of his money or you target assets he would be entitled to under the his part of the inheritance

    2 Your uncle may have mismanaged or committed fraud against your grandmother if this is the case then the grandmother estate can go after the assets stolen and can be added back to the estate to be distributed as an inheritance to her family members. Though this is difficult because unless he stole a lot of traceable property ie houses, shares in companies, bonds, cars or other traceable property and does not have good reasons for assets been transfer into his name violating his duty to take care of best interest of your grandmother.

    As you do not really know your grandmother finances this will take significant effort absence having known theft or fraud committed against your grandmother to prove that money in her bank account was mismanaged. This area will require a lawyer to go over all the facts to determine your uncle duty to your grandmother and whether he has misused his powers or do things not in her best interest where he is liable to pay back to the grandmother.

    3 As for legal costs if you do decided to sue your uncle they may be expensive but in Australia like pretty much every other country other than USA will followed the superior English rule which is the winner in lawsuit is entitled to the costs of their legal fees being paid by the loser. This generally means you get in normal cases 50% to 70% of your legal fees paid to lawyer covered by the loser if you win the court case, can get up 100% if there are special circumstance ie uncle rejects a reasonable offer to settle before court, the loser causes the winner to suffer increased legal costs due to bad behavior or loser waste the court's time and judge punishes them by forcing them to pay all of the winner's costs.

    So if you have strong case you generally should not worry about legal fees because they generally covered if you win or are demanded when you settle your case through letters of demand.

    These are just general points but in generally there is great difficulty getting left over amounts from an inheritance mainly to due with the fact there are many legitimate reasons why your grandmother could have no cash in bank leftover ie had debts that you were not aware of it that generally debtor gets his entitlement over your leftover interest in bank account, maybe she did not actually have that much cash in her bank account, she may had significant expenses for her care when she was in her last days or she may have directed your uncle to use money in specific way or these expenses were done in her best interest for certain large amounts of spending of her cash.

    Edit note in case I did not make it clear legal costs covered by the loser are in addition to damages you receive so if you get $20,000 damages you can get in ordinary case between 50% to 70% of your legal costs covered in addition to the $20,000 though if you lose you pay legal costs your uncle incurred. So prospects of success on lawsuits should generally be discussed with your lawyer and risk vs reward of your likelihood of success in lawsuit.

    • +2

      https://www.youtube.com/watch?v=7RcXl7cfnF8

      Despite your long winded post touching on certain important points, it is clear you have no understanding of these key points you raised. I counted 8 categorically wrong things you've stated before I just gave up and stopped reading.

      OP needs legal advice. Your general advice doesn't assist in any shape or form.

  • -3

    I’d put a caveat on the apartment TODAY, then nobody can sell it. You have been screwed by your uncle and your father seems no better now. If there was nothing left in the estate I’d walk away but there is isn’t there? Go see a lawyer. They can best help here. Forget about all the emotion, everybody else has. The apartment is your target to get your grandmother’s wishes honoured. Good luck.

  • +5

    I encourage my parents to spend and enjoy their savings before they get too old.

    I don't want or need any cash bonus when they die.

  • You could make a claim under the family provision act on the grounds that you were beneficiary and the accounts were emptied by someone who had a conflict of interest

  • Take it to the police

  • +1

    As others have said, power of attorney means the uncle acts on behalf of grandma, and must act in her interest. I.e. pay her bills, not shout himself holidays. See a lawyer. He must be able to account for what he spent, he can't just spend her money on himself.

    • From my understanding it's pretty loose and near impossible to police unless it's the state trustee with financial guardianship.

      • Damn. Another case of can't choose your family I guess.

        But since there seems to be real-estate in the estate, the uncle could pay out if his share of he's broke.

        In NSW pretty sure named benefactors can contest a will.

  • See a solicitor. Lots of things can be contested.

  • This is textbook case of what is wrong with the power of attorney system. When not an independent trustee, they are supposed to act in the best interests of that person but the reality is that they can and do, do what they want with the money. And when they blow it all like that, it's considered financial abuse or elder abuse. You can only do something about it while they're still living. That said you're well within your rights to contest the will and request financial records - we had to do that with my Dad when my stepmother had taken and spent everything. Didn't get us anywhere money wise but we didn't care, we just wanted to prove it. And my own dodgy uncle, got my grandma with dementia to change her will and leave everything to him…there are just so few safeguards against this sort of thing and it's terrible.

    I would 'contest' the will, if only to get a hold of the financial documentation. That said if your Dad doesn't support you it will be really hard. But yes you can request that documentation if you lawyer up.

    There's an old saying "where there's money there's family" and its just a disgrace. Family members feel so entitled to their elders hard won money it's disgusting.

  • Didn't read them all - but a lot of questionable advice above.
    Go and see a lawyer - police will not normally be interested - if concerned about cost see if local community legal service will help.
    Powers of Attorney (assuming your uncle had one) sometimes have awful outcomes that are hard or impossible to fix.
    I've held enduring powers of attorney in the past - I never dealt in cash for the reason that it leaves you open to accusations of using the money for wrongful purposes.
    If there is a claim available against your uncle - it should be brought by the executor of the estate.
    If the executor is your uncle - that makes it difficult - but not impossible to overcome, but you would definitely need a lawyer in that case.

    • the executor is the uncle - like i said, Dracula in charge of a blood bank.

      • has it been through probate court yet?

        • going through now…

          • +1

            @tony8028: you could make a claim and he would have some explaining to do

  • +1

    Uncle in charge - no recourse other than an expensive trip to the court and good luck!

    • OP could get to mediation first, that's where it will get sorted out as they're not after the money really, more just to prove that their uncle has taken all the money. Or not - they may be surprised.

  • +2

    whos negging all the comments about contesting the will?

    • Interesting isn't it!

    • You found the uncle?!?

    • I am not the negger but why contest ?

      In her Will, my grandmother stated that me and my brother would be left any cash that was in her account.

      There was no cash left , so he and his brother got nothing.

      If he had been more involved with looking after grandma, he would have noticed that something was amiss ages ago and be in a better position to rectify it. After all, Gran was in care for 3 years and it is not like she died suddenly.

      I hope that when I die, my children will spend more time grieving my passing than fight over my inheritance. Poor Grandma!

  • +1

    Fascinating to read how money and wealth creates further unhappiness.

    Look at this way: if she never had any money then all will be calm and simple.

    Money is the problem, neither the solution nor the answer.

    When my grandmother died I felt pain for the loss of someone I loved and how much she loved me.
    Not the money.

    • Yes they say money is the root of all evil and it certainly seems the case.

      As mentioned, she should have made a clear will that designated exactly how much she wanted to leave her grandkids.

      That said she wouldn't have imagined that her own sons would clean her out the way they did.

      The whole thing is pretty sad.

      • +1

        au contraire, the kids got exactly what she left them in the will:

        "In her Will, my grandmother stated that me and my brother would be left any cash that was in her account."

      • As mentioned, she should have made a clear will that designated exactly how much she wanted to leave her grandkids.

        But how would she know how long she had to live and how much money she needed to put aside for herself?

        If she had wanted you and your brother to inherit something , she would have given you a share of the house. Clearly, you and your brother were added as an afterthought. So why contest it?

        The principle is to respect her wishes.

  • Very sorry to see this happen.
    My Dad went through a remarkably similar situation.
    My Aunty was put in charge of caring for my Grandparents and was the Executor of their will.
    Over several years, she drained their bank accounts. She used it to pay her bills and she was in a weird platonic relationship with a married man that she was giving money to… my grandparents money. He drained her for all she was worth and was in complete denial about the fact he was manipulating her.

    It took my other Aunty who was an accountant to discover the anomaly in their finances when she was asked for a loan by my Aunty (the Executor of the will) for a loan of several thousand dollars. She obliged the first time but grew suspicious the second time and asked to see her accounts. That's when she saw the money disappearing from her account - she was paying bills for this guy and all sort of other expenses. She also said she didn't have to explain herself, which she didn't… but the problem was, she'd drained hundreds of thousands of dollars from my Grandparents account.
    My Dad and Aunty tried desperately to help her manage her finances but she persisted in asking for loans and paying things for this guy. She said she wasn't going to stop "because he's my friend"…
    Dad had a chat to this guy that was receiving the money and he said she was doing it of her own free will… It was like he had walked this path before.
    They even went so far as considering making her a ward of the state under mental health law to protect her from this guy but they would need to prove mental impairment.

    In the end, they both emancipated her from the family and we no longer know how she is or what is going on in her life. It's terribly sad.. I really wanted Dad to set ACA onto him. I loathe that kind of television but it does have a purpose in situations like this I think.

    In the end, they lost their inheritance, we lost our inheritance and the saddest thing of all is that I will most likely never see her again. She could be homeless for all I know. Do the lawyer thing; know your rights and options before going to court or spending money to get some kind of justice on principal. It's probably not worth it.

    • Wow thats an amazing story. Even worse than mine. I bet this is a very common scenario too.

      Seems like the worst thing a person can leave behind is cold hard cash - had it assets it wouldnt have been so easy for them to vaporise.

      Unlike you, I don't feel any loss in removing these people from my life - they're loyalty is to the money, not to me and my kids - they can rot for all i care.

      • +1

        It is pretty terrible. It chewed my Dad and his Accountant Sister up for a long time- at least a year.
        They don't want to talk about it any more so I try to avoid mentioning it.

        I guess what is so sad for me is that she was so lonely, so vulnerable that the had no self respect of feeling of worth to see the obvious.
        The times I met her, she was lovely. Genuinely lovely but money can make people to strange things.

        I hope you can at least get some kind of admission of guilt & explanation from your Uncle. At least that would answer your questions about the money.

        Then you too can emancipate him heh.

  • My mum felt that people were stealing from her before she died. I would like to see her accounts too but I told her solicitor this who promptly told the very people that I was calling them a thief. There was not even a confidentiality. I am traumatised but can do nothing but see what happens.

  • +1

    FYI, http://www.supremecourt.justice.nsw.gov.au/Pages/sco2_probat…
    gives you a good guide of your rights to documents, including the full will and inventory of property.

    Also, http://www.supremecourt.justice.nsw.gov.au/Pages/sco2_probat… gives information about contesting the will.

  • The solicitor telling them this made me look like the bad person and ruined my name forever but my sister had been unleashing a reign of terror against me before this

    • Pam, you need to talk to someone about whatever is going on with you. Try your GP, he may be able to refer you to free counselling sessions.

      • -2

        I turned to the healing arts and Reiki, which helps heal stress and trauma.

        • Have you tried Goop? I heard some good things about them. They sell this magical egg apparently…maybe that can help?

  • Could be worth persuing if you have some legalese that gives you favour.

    Of course only if your uncle has a few Bob of personal assets, can't draw blood from a stone after all.

  • If she was in a nursing home she may have had a RAD paid out to her (estate) after her passing. It would be cash.
    Refundable accommodation deposits can be heaps (or not).
    You could ring up the nursing home (pretending to be your uncle) and ask them to resend the paperwork and then you wait at your uncle’s house mailbox for it to arrive.

  • +1

    Next time you see this Uncle, I would give him a stern look.

  • Inheritance Hijacking with a power of attorney.
    may not be cost effective to prosecute that?

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