Settlement of estate/accusation of embezzlement

Questioner

My grandmother passed away in January 2020. My uncle is arranging the inheritance through a power of attorney (my father passed away in 2018). My sister has already received her share of the inheritance. I never heard anything until my uncle indicated that I had embezzled money and that he therefore had a claim on me. Until about 2016 I did the shopping for my grandmother. First together, later I went alone because she didn't want to leave the house anymore. She was just fine and insisted on paying for my groceries, because I was a single mother. Everyone knew about it. After 2016 my father started doing the shopping. From then on there were donations (the first time she wanted to transfer 1000 to me. I said that my sister could use it better now. She then shared the amount, and the donations continued like that until her death). From 2018 my uncle took care of her banking affairs. He also simply transferred donations in my grandmother's name. Now he says that I caused my grandmother a lot of grief by stealing money from her. I asked others and they said: no way. She was crazy about you. And wanted to help you out a bit. My uncle sticks to his position. I have no overview after 2 years, and therefore no inheritance yet. Who is right and what can I do?

Lawyer

From your story I gather that your Grandma had two children, your father and your uncle. Your father died before Grandma. You and your sister are (legal) successors of your father and take his place as heir. Grandma will not have had a will. Uncle has an authorization to settle the estate. He will have received that authorization from you and your sister. Your Grandma gave you gifts (paid for your groceries) because you were in financial difficulty. That is fine, it is a kind of help that Grandma was allowed to give, she apparently could do that too because later she also started making gifts. Uncle is now taking a position that is diametrically opposed to your story and apparently without evidence. He is not allowed to withhold your share of the inheritance from you. If it is worth the costs (hiring an expert will certainly help but often costs quite a bit) I advise you to hire a lawyer who will ensure that your uncle informs you of what is due to you and pays you your share. You can call me about this if necessary.