Life Insurance Fraud, Court Tomorrow,Urgent Question

[Redcat]

What is the name of your state? Arizona

I'm going to small claims court tomorrow and have an urgent question.

My grandfather died in Feb of 1999, no one knew he had a life insurance policy except one of three sisters. She got to the nursing home room first and while he was laying in his bed deceased she probably went through his safe and found it. She worked at the facility. It was only 2000.00. And there was no beneficiary listed. But my sister made a claim on it, without telling anyone about it. It was a federal life insurance policy. They received the claim Sept 24 1999 and paid it out to her Sept 28 1999. On the claim form it specifically states to list all relatives, she only listed herself. I found out about this policy going through some old papers in August of 2005. The Federal government wouldnt do anything about it.

My question is what would the statute of limitations be on this? Am I to late?

Thanks alot for any help!
Redcat

 

[seniorjudge]

What is the name of your state? Arizona

I'm going to small claims court tomorrow and have an urgent question.

My grandfather died in Feb of 1999, no one knew he had a life insurance policy except one of three sisters. She got to the nursing home room first and while he was laying in his bed deceased she probably went through his safe and found it. She worked at the facility. It was only 2000.00. And there was no beneficiary listed. But my sister made a claim on it, without telling anyone about it. It was a federal life insurance policy. They received the claim Sept 24 1999 and paid it out to her Sept 28 1999. On the claim form it specifically states to list all relatives, she only listed herself. I found out about this policy going through some old papers in August of 2005. The Federal government wouldnt do anything about it.

My question is what would the statute of limitations be on this? Am I to late?

Thanks alot for any help!
Redcat

I suspect that six years will be considered too long to sit on your rights and do nothing about it.

I have never heard of a life insurance policy that has no beneficiary listed.

 

[Redcat]

I suspect that six years will be considered too long to sit on your rights and do nothing about it.

I have never heard of a life insurance policy that has no beneficiary listed.

Myself and the rest of the family didn't know the policy existed until August of 2005. It was a Federal Employee Group Life Insurance Policy. He retired from the civil service system back in the 1960's and it looks like it was automatically issued. I have a letter from the Federal Employee Group sent to me in Aug of 2005 that states there was no beneficiary on it.

Thanks!

 

[Dandy Don]

Hope you win your case but don't be surprised if you lose, because you may have brought suit in the wrong court, but judge may be sympathetic enough to the facts to render a judgment in your favor. What legal charges is the sister being charged with?

Is the insurance company also named in the suit? They are the ones who are at fault (though not completely) for issuing the check to the wrong party without investigating.

DId your grandfather have any other assets in his estate besides the life insurance and did he leave a last will and testament that was probated in probate court? If he did, then the executor should be handling this since the money should have gone into the estate for distribution to his legal heirs.

IF a statute of limitations does not apply, the executor (if there was one) needs to be suing the insurance company or filing a complaint with the state insurance commissioner to have the matter investigated, or suing the sister in civil court. The simple way without a lawsuit would be to explain to sister that this money belongs in the estate and that if she returns 2/3rds of it she can keep the other 1/3 as a legal heir. If she won't return the money then let her pay attorney fees to defend herself.

DANDY DON IN OKLAHOMA ([email protected])

 

[Betty]

I worked for a major life ins. co. & some FEGLI (Federal Employee Group Life Ins.) policies are issued without a beneficiary & some with. If there was a named bene, the benefit amt. would, of course, be payable to them. If there was no named bene or named bene deceased, there was an order re to whom the benefit would be payable: 1st would be spouse if living, if not then children & so on.

 

[Redcat]

The insurance policy ( FEGLI, a federal one, he was in the civil service) was issued with no beneficiary and my grandfather never named one. He had no will, no executer. When he went to the nursing home at about age 89, everything had been taken care of his that he owned which was very little, just personal items. He lived with my parents for nearly 20 years after my grandmother died in 1980. As some older people can be he was very secrective about his finances which were practically none anyway. Even his son (only child), my dad (deceased before grandpa), didnt know about the life insurance policy, as my mom had asked him (my dad) about at one point many many years ago out of curiosity.
My mom did have power of attorney up until he died in 1999. No one knew about the policy until AUG 2005 except the bad sister.

The sister who did this is very well known in the family for lying and stealing. My dad told me how she would steal money from him. She stole an expensive watch and necklace from me at one point. But no one ever confronted her because she would take it out on her kids when she got mad. Last year she stole her daughters identity (18 years old) to get utility services because she had already shafted them (the utilities) with her name. Ive been dealing with that too. Its a long tawdry family story.

I did call the federal government office resposible for the life insurance policy (FEGLI) and wrote them explaining the situation. The letter I got back said they were not responsible for finding all the relatives, it cited some case law. Then I called the women who wrote it and I tried to get an answer out of her regarding my sister breaking the law by lying on the claim form. It has warnings on the the form about perjury and if you lie about a fine and jail time. The women would not answer me. I said she had broken the law cant you do something about it! She kept saying there was nothing they could do, that it was a family matter.

We met in small claims court Saturday, I am suing for the amount of the policy 2000.00. She lied, oh how she lied under oath. That grandpa wanted her to have it because they were so "close", she hated him. That my parents "rarely if ever" went to see him. My dad, until he died, went to see him 2-3 times a week and my mom at least once a week. And that he was put in this nursing home, (state run) because she worked there, not so. Needless to say I was flabbergasted at her statement. I called her about the policy back in Jan of 2006 and asked her why she did it, and her answer was "I needed it." I told this to the judge, among other things, and he asked her if it was true, she said yes. She pleaded to him, "if she was found guilty could she only pay 5.00 a month, and how she is so broke and 35,000.00 in debt. She asked the judge about the statute of limitations and he refused to answer her on this.

On the claim form it clearly stated to list all children. She only listed herself and NEVER told anyone about this. So it boils down to a supposed oral agreement between her and grandpa and her lying on the claim form. The judge will give us a mailed decision in 10 days. I clearly told the judge that if he finds in our favor my other sister and I will give the money to our mom who took care of him for so long. Which we will, we don't need the money, it has been about moral principal for us.

I feel the law is clearly on our side and hopefully the statute of limitations isnt up yet.

Thanks for the replys