IS this classed as theft?

Question

My mum was the executor of My Great Aunt's will - we were both left £1000, now my mum has apprently spent the money on paying rent that she was the guarantor for. Is this classed as theft, can I have her prosecuted and get my money somehow?
I asked her countless times before the money was 'spent' to arrange to meet with me to hand it over, and repeatedly refused - help please!!!

My relationship with my Mum is terrible - and his been since I was rude enough to grow up and make my own decisions! My Mum is very controlling and doesn't like people doing something she wouldnt - in this case it was choosing to move out! I'm a grown adult with my own child now and she still tries to control what I do and don't do. I actually need the money to avoid homelessness so please don't judge me. :)

The rent was nothing to do with debts of the estate - there were none of those so no money needed to be expended from what was left - she got her own amount identical to mine, she certainly didn't need either believe me!

Argh! lol I don't want revenge - I want a secure home for my son, which by proxy my Mum has now made impossible - is that so much to ask?! She used MY money to pay HER debt!! Grrr (my mum was guarantor not my great aunt)

Answer 1

yes of course it's theft.Your great aunt left the sum of money to be distributed to you.As the executor,your mum was responsible for carrying out that wish.See a solicitor and find out which solicitor was dealing with your great aunts will and ask for a copy as proof.The problem is you have to be able to prove you didn't receive it.
Good luck and your mum sounds like a bi@tch

Answer 2

I think you should get some proper legal advice. The job of the executor is to pay out the money according to the will, so you should get the money - however, I believe the executor has first to settle any debts and expenses from the estate. The question is, did this rent count as expenses related to the estate? Could it be that there was nothing left over? Whatever the answer to this, I believe your mother has a duty as executor to provide written financial breakdown to the beneficiaries, so you should ask her for this. She will have to produce figures for tax purposes at some point anyway.
Then see about seeing a solicitor - you can get free consultations at some law firms.

Answer 3

I am not sure which she you are actually referring to. If you mean your Mum was guarantor for the rent. Then clearly she is in the wrong. If you mean your Great Aunt was guarantor then your mum may not have done nothing wrong. It really depends on the exact wording of the guarantee. However I must admit that I think you are wasting your time. Not everyone is going to think that it is a good idea to get your mum in trouble. You are going to be vilified by some. If £1000 means that much to you then go ahead and take it further. Will you win ? In a legal sense perhaps. Revenge is never that sweet in the end. I think you should write it off to experience and get on with your life.

Answer 4

I agree that it was your money, but I think SLF makes a key point that "I believe the executor has first to settle any debts and expenses from the estate." If she used the money for those reasons, then it seems legitimate, but you should still seek proper legal advice.

However, I'm going to advise you to leave it alone. Unless you and your mum are already on the outs, that doesn't seem like a sum of money you'd want to damage the relationship over.

Answer 5

If you both were to recieve £1000 then the money should have come straight to you not your mum.

I'd talk to a solicitor - it may be the legal firms fault for giving the money to the wrong person and your mums in the wrong for spending your money.

A solicito will give you a free 30 mins consultation and advise you. I'd see what they say see how much it will cost to get that money - you may be better off just asking continually.

All the best

Answer 6

Whose rent was she guarantor for. If it had anything to do with your great aunt, it could be that by the time she settled the debts there wasn't enough to left to pay you. I feel quite sad that you and your Mum have such a poor relationship that you can't talk this through properly.

Answer 7

This is a breech of trust and can have very serious consequences if the CPS decide to prosecute. If they do there is no guarantee that you will get your money back. You could of course sue through the small claims Court but even then with bailiff's etc thee is no guarantee

Answer 8

Was the rent she paid for her own benefit or was it for your Great Aunt as an obligation of her estate?

EDITED BASED ON ADDITIONAL INFORMATION:

There are then two issues:

One, if you are a minor, then she has control of the monies until you reach the age of majority. At that point you would have cause to file suit for illegal conversion.

If ou are NOT a minor, then you need to sue her for fiscal misappropriation of funds and ask the probate court to revoke her bond (if she was required to have one).

In any case, a local attorney who can review the will and local probate code would be better suited to give you this advice.

Answer 9

there are two things you, have to balance here , do you want to stay friends or in touch with your mother? That is the first and possibly the most important,Or do you want to proceed to law with an action for the return of the money. Against ?? which by your account rightfully belongs to you, you need to think very carefully about this my friend, Good luck with a difficult choice

Answer 10

its not theft if she was the guarantor for your great aunts residence.

All of your great aunts debts have to be paid first.
I could leave in my will that my kids get a million pounds each. but at the end of the day if im £2 million in debt they get nothing.

whats £1000 going to get you. a few partys ? a holiday ?
Try and build on the relationship with your mum, its a tough world out their & 1k buys you diddly.........

Edit then slap the B1tch around the face & go have party