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first things first:
- I don't know if this is the correct subreddit for the story, so feel free to point out one that fits better. I just want to tell the story to someone.
- English isn't my first language so i ran the story through google translate. If you find any bad phrasings, typos or spelling errors, feel free to correct me in the comments, or just ignore them.
- The whole story was a few years ago and is very convoluted. In order not to write a novel here, I try to keep things clear and as short as possible. If some things are incomprehensible, I am happy to submit updates upon request.
- Yes, we were too trustworthy and in retrospect we should have done more earlier.
My mother and grandma decided not only to renovate the house, but also to refurbish it. But before that could happen, something important had to be clarified.
Because my grandfather had built the house and he died without writing his last will, the house was not legally owned by my grandmother at the time, but belonged in part to my mother and her sister (let's call her Estelle)
My grandma bought Estelles share.
The 40-year-old stove heating was replaced by a floor heating that was modern at the time, windows were renewed, old pipes and cables were replaced and much more. My mother put all of the money my father gave her after the divorce into the house. Among other things, she paid off an old loan that was still on the house.
In order not to repeat my grandfather's mistake, the three made a will. The share in the house that belongs to my grandmother should go to my mother after her death, as she lived in the house and contributed significantly to its value through her investment. Estelle should get a large amount of money and everything else my grandma owns should be divided equally between the two.
Fast forward to 2015. My mother had retired and took care 24/7 of her mother, who is suffering from dementia. The alternative of putting my grandma in a nursing home was out of the question for us. As long as it was somehow possible, my mother wanted my grandma to stay in the house that she built with her husband and that she called home. I haven't lived in the house for a long time, but I still visited whenever I could to relieve my mother of work. But these opportunities are few and far between, as I live and work around 2 hours away by car. So I was all the more pleased that my mother got help with housework for a few hours a week. This domestic help (let's call her Nadine) is the girlfriend of Estelles son Tim.
When Tim was a Teenager he had fallen out with his father and most of our family had very few contacts with him. He showed up once a year, called on our grandmas’ birthday and on Christmas. For over 20 years, he was, besides these 3 occasions, basically nonexistent.
Nadine works full time in a nursing home. After having been in the hospital for a few days, my grandma was supposed to be in that very nursing home for a while. The insurance companies offer this option so that caregiving relatives should be able to recover for a few days themselves and my mother really needed the break.
But my mother was not granted this break. On the second day, in her demented confusion, she crawled under her room neighbor's bed and did not let the nursing staff lure her out from under it. Nadine then called Tim, who came by. While playing hide and seek, my grandma was slightly injured and was taken back to the hospital. After that, she refused to go back to the nursing home, and my mother gave in and took her home.
In the next few months, it was 2016 then, Tim appeared once a week to, as he said, “take care of grandma”. This “taking care” consisted of going to Grandma, who was sitting in her TV chair, holding her hand, asking if everything was okay and driving off 15 minutes later.
At this point I would like to emphasize again that my mother has basically sacrificed herself since 2011 to look after her mother in need of care. She never moved more than 50 meters from my grandma without someone to take her place. Both my grandmother's doctor and the official auditors in charge of the nursing service had certified my mother that my grandmother was doing great under her supervision.
Estelle's birthday was in March. My mother told me later that Estelle had advised her in a conversation that she should put some money aside for the time when Grandma is no longer there.
Nadine celebrated his birthday in July. Since my grandmother was again spending a few days in short-term care at that time so that my mother could recover a little, Tim offered to pick up grandma for the party.
And in August the mood changed.
Estelle expressed concern that my grandma's confusion was really dementia and instead suggested that grandma was in her condition because of poor care from my mother. Tim was increasingly aggressive towards my mother. In a conversation I insisted on participate, he accused my mother of embezzling my grandmother's money and evading taxes. And although I am a peace-loving person, I lost my composure a little and I was only a blink away from beating him.
After we calmed down again, I suggested that instead of just coming by for 15 minutes a week and spreading accusations, he should really take care of Grandma and look after her for a week at a time.
Two weeks later, Tim and Tim's brother appeared with his family and picked up Grandma for a visit to a fair.
When they came back they told my mother that they had ordered a new TV chair for Grandma and that my mother should pay for it with her money. The reason was that my mother “lived rent-free in Grandma's house” and practically doesn’t do anything. Since my grandmother was so “gracious to take in a mother and her two children” she was entitled to the money, my mother supposedly saved on rent.
A few weeks later my mother had an appointment and asked Estelle to take care of Grandma during that time. When she came back there was also a note on the table. Estelle had taken grandma with her to look after her. First a week to try out.
The joy that my mother had about the free time she gained quickly vanished when it turned out two days later that Estelle took the opportunity to go to her bank with my grandmother to revoke my mother the right to access my grandmother's account. We only found out about it by accident.
A few days later Estelle appeared accompanied by Tim, his two siblings and their families and got clothes, jewelry and everything valuable that my grandmother owned. They said that my grandma wanted to stay with Estelle now because she couldn't stand my mother anymore.
The mood between my mother and grandma had deteriorated noticeably in the months since the first stay at the nursing home. At first, we assumed that the dementia was getting worse.
A few days later, 9 people came to my mother's home. Including my grandmother, Estelle, Tim, Ts. siblings and their family. When my mother was about to let 2 visitors out of the door, one of the group stormed through the open front door, pushing my mother and sister aside and demanding that they leave the (lower) apartment immediately. They supposedly had no right to be there and are only allowed to stay in the upper apartment.
A neighbor saw the incident and called the police. The group convinced the police that my mother actually lived in the apartment upstairs and had no right to be downstairs. To this day I still don't understand why the policeman accepted it that way. In any case, he asked my mother to leave the lower apartment until the matter was legally clarified. The police then disappeared. The group then took the opportunity to exchange the lock and searched the apartment for incriminating material that they could use against my mother. Unsurprisingly, they didn't find anything. My mother hadn't done anything wrong.
The day after, my mother went to see a lawyer to give her access to the home again. After a week back and forth, my relatives agreed to let my mother back into the apartment.
They cleared the furniture out of the apartment beforehand, because they thought it belonged to my grandmother, and switched back to the old locks.
Since they were 9 again and my mother had a nervous breakdown from the whole affair anyway and was on the verge of the 2nd, I wanted to receive the key in her place. However, they insisted that my mother personally collect the key.
Since I could already imagine why my relatives insisted of being in a group of 9 to give the key to a 70 year old woman personally, I had an idea. I picked up my smartphone in a clearly visible position and activated the recording function.
As I expected, most of them noticed my cell phone and remained silent. All except my grandma. Although she could hardly see anything, she recognized me and wanted to talk to me. She accused me and my mother of plotting against her. That she always supported me and she couldn't understand how we could do that to her. It broke my heart to hear what monsters my mother and I had become in her mind. But I knew that this was the dementia talking. I listened patiently and tried to explain what she had misunderstood, but I also knew that she had sunk too far in her illness to convince her of the truth.
One of the allegations in that conversation was that my mother and I wanted her out of the house. As already written that was not the case. But I have to be grateful today that my grandma said that. Estelle was sitting next to her at the time and reflexively replied "It wasn't him, the others."
At the time, I was too fixated on my grandma that I hadn't even noticed. Fortunately, I had my phone in my hand the whole time. When I listened to the conversation a while later, it finally clicked and I could slap myself today for not noticing it earlier:
Since the incident at the nursing home, the mood between my mother and grandma had deteriorated noticeably. We had blamed it on dementia, but now it was clear to us that in her condition between dementia and the strong painkillers she was taking, my relatives had talked her into believing some conspiracy against her.
My mother then applied for guardianship for my grandma. In Germany it is regulated in such a way that it is first checked whether the care is necessary. That was a relatively straightforward matter.
Then a judge has to check whether there is a possibility that a relative will take over the guardianship. This test was an on-site appointment at Estelle
As I could deduct from the court papers, the judge was of the opinion relatively quickly that family-internal guardianship was not possible. The decisive factor was apparently, among other things, the aggressive behavior of my relatives towards my mother, whereby the judge was almost injured with a burning cigarette.
Mrs. G. was declared to be my grandmother's guardian. A few weeks after Mrs. G. took over her job, she paid my mother a visit.
Ms. G. said that she was amazed when she met my mother for the first time. After all, she wasn't the hell spawn my relatives described her. We learned that Estelle's family had apparently spread wild rumors about my mother in town. We also learned that apparently my grandmother's set up a new will.
Since my mother lives in a small town, it didn't take long to find out that Tim was named the sole heir in the new will. Nadine had said the same to a friend and if you know someone who knows someone…. Small town.
My grandma died in July 2017. Shortly afterwards, I drove to the court to deposit my grandma's will there so that it could take effect. The lady there said there would already be another recent will. I still insisted on depositing the old one.
The will was opened a few weeks later. We saw for the first time what we are dealing with.
The new will was drawn up by a notary which is normally better than a handwritten will from over 20 years ago. In the will, Tim is established as the sole heir with Estelle in the 2nd position (in the event that Tim would have died before my grandmother). Not a word about the fact that part of my mother's house already belonged to her, instead she was only given a right to live in the upper apartment. But the real shock came when we saw the date. The will was written in July 2016. On the day when Tim and Estelle had so generously agreed to pick up Grandma from the nursing home. When they were still trying to pretend everything was fine and their “only concern was Grandma's well-being”.
I made an appointment with an inheritance lawyer. The lawyer first wanted to convince my mother to only sue for her legal inheritance claim and to otherwise accept the will. Challenging a notarial will is one of the most difficult cases you can try in German courts and it takes a lot of evidence to do that.
My time to shine. It took me almost an hour to convince the lawyer that my grandma had dementia and that the new will is therefore invalid. Doctor's reports that certify dementia back in 2011. The report for the guardianship. Every minute I presented her with new documents and in the end she is ready to go into battle with us.
So the matter goes to court, which means that the lawyers write letters back and forth. In one of the letters, Tim's lawyer mentions that there is an assessment from a doctor A. that clearly confirms that my grandma did not have dementia. That would contradict the evidence I submitted to my lawyer. So the court commissioned a new, independent expert assessment.
Although I had a lot of evidence and the behavior of my grandmother was always a clear sign of dementia for me, we waited a little nervously for the assessment.
We receive the assessment and what can I say, I haven't read anything so beautiful and sad at the same time for a long time. It is sad because the expert quotes from many reports that describe what my grandma was going through after she was brought to Estelles house. Nice because the appraiser completely dismantled the other side's argument. For every argument that the other side has come up with by then, the appraiser has evidence to invalidate it. Most impressive is the fact that the alleged report by Doctor A. is completely worthless to the other side. On the contrary, the doctor was so incompetent that he accidentally not only failed to refute my grandmother's dementia, he even confirmed it.
So there is a court date. The appraiser, Doctor A. and the notary who wrote the will are present.
A. is given the opportunity to defend his "report" before the judge. And he only makes it worse. It is going too far to explain that now. In any case, A. made it clear to the judge that he had no idea how to carry out the test.
Then it's the notary's turn. When he testified, it turns out that there were 2 appointments with him and my grandma. And in their attempt to look particularly good in front of the judge, Estelle and Tim admit that they were both present at both appointments. Not only that, apparently the conversation and further coordination between the notary and my grandmother went completely through Estelle’s hands.
The trial ends and my mother's lawyer is overjoyed. She explains to me that if there were any doubts that the new will does not reflect the will of my grandma, these are finally resolved by the statement of the notary.
A few days later, the judge gives the verdict and it's even better than expected.
- The house was awarded to my mother.
- Tim is no longer entitled to even one cent from my grandma's inheritance.
- All claims that Estelle could still make against my mother, i.e. both the stated sum of money from the old will and possible claims under the law, are offset against what was in his possession at the time of my grandma's death. So she has some old furniture, clothes, some jewelry, etc. And what it looks like so far, that means that's all she can hope for.
tl;dr My cousin tried to cheat my mother out of her inheritance. Didn't work out for him in the end.