Suspicion of fraud against stepdaughter of deceased uncle.

Questioner

My uncle passed away on January 20th. My mother is a sister and there is another uncle (another brother). My deceased uncle was not married. He had a girlfriend of 25 years, but they lived separately. That girlfriend has a daughter and son. That daughter was authorized to manage my uncle's banking affairs. My uncle had no will. Now there is a suspicion that fraud has been committed. That she has withdrawn a huge amount of money from his account. My mother and other uncle are not involved in anything and are not informed of anything. That daughter of that girlfriend of my deceased uncle (apparently called him father) sent me a paper stating that she is the one who will manage everything after his death and that my uncle is leaving his money to her. There is a signature of my uncle on it, but we do not know whether he actually signed it with good knowledge/consciousness. (the letter is dated May 2022). My mother received a letter from the CAK yesterday about the bills that still had to be paid. Should she do something about it now? And is there anything to be done about that daughter? My mother and uncle hear nothing further.

Lawyer

such a note as the daughter of that friend shows has no value. only what is in a will counts. but there is no will. then what is in the law applies: brother and sister inherit and they are the ones who are the boss. the daughter has no say and must, if necessary, give an account and explanation if she has taken money from your uncle. Hire a lawyer who understands inheritance law. See www.vean.nl

Lawyer

If necessary, I would be happy to do that for you.

Lawyer

then you must have a death certificate (at the municipality where your uncle died). then you must ask the CTR whether your uncle really did not have a will. and then a declaration of inheritance must be drawn up. These are the first steps.

Questioner

But can you also start something if she 'slid away' the money before his death?? The account was only in my uncle's name, she was authorized... (to manage his finances) Mrs.

Lawyer

yes, if it is clear that it was not for uncle but for herself then it can be reclaimed. This unless it is always gifts from uncle, but then she must prove that.

Questioner

And if the statement says: transferred as agreed?... can you still take action against her?... Mrs.

Lawyer

What is the deal then? A loan, a gift? Have groceries been bought and advanced? All sorts of things are invented to justify taking money. You need to have the whole issue assessed, not just take bits and pieces out. It's about the whole picture to see if anything can be recovered. This stinks anyway, with that statement of your uncle with his signature under it (and which therefore has no legal force). Why wouldn't your uncle have had a normal will drawn up if he wanted his stepdaughter to be his heir? Do you have any idea how much has been siphoned off? The real heirs (your mother, your other uncle) should be able to easily check because they can go to the bank with the declaration of inheritance. Don't let yourself be fooled.

Questioner

They went to the bank. My deceased uncle was now in the red. The bank employee told them that they can't do anything about it, no matter how bad it is... He also apparently donated to charity. There was more than a hundred thousand in his account. Mrs.

Questioner

My mother received a letter from the CAK. She and her brother want to reject the inheritance next Friday... In my opinion, they don't have to do that so quickly... They think so, because of that letter from the CAK... is that so??

Lawyer

Mother and brother have three months, starting from death, to make the decision about rejecting or (beneficially) accepting. During that time they can think at their leisure about what is wise. The CAK simply has to serve that term. If mother and her brother reject, the next generation (including you) will have their turn, and they will then also have to decide what to do. If you (and possibly your brothers/sisters) also want to reject, and perhaps also the children of your mother's brother, it would be better if they all did so together. Then it would cost approximately €132 once, otherwise each time for everyone who rejects separately, always €132.

Questioner

But how does that work?... Sorry, I've never experienced this before. My mother received that letter from the CAK because my 'stepdaughter' gave my mother's address to the CAK. How does this normally go? Who knocks on who’s door at what time? Mrs.

Lawyer

The creditors will knock on the door of the official heirs. Your mother is one of them until she has rejected the inheritance. Write a note to the CAK, or call them, that your mother has not yet made a decision. If your mother and your brother have definitely decided to reject and their children (and grandchildren) as well, it is easiest to do this via a notary. He can then write this down in a deed and send it to the registry of the court. Find a notary in your area and take a look at www.degoedkoopstenotaris.nl for the costs.

Questioner

As an heir, do you have the right to first inspect the bank affairs before you reject or accept? Mrs.

Lawyer

Yes