Annuity Contract

[wishkah3535]

What is the name of your state (only U.S. law)? NY

my mom (doris) is going crazy about this stolen annuity her son stole from her mother while on her death bed, lets call her agnes. what happened was, doris' son forged this annuity document releasing all her money to agnes' checking account which was suppose to go to doris. forgrged her signatures, banking info., everything. he got caught and hes now in jail for like 20 years or something. so basically my mom, doris is screwed royally.

the annuity company says all they needed was a piece of paper to let them release millions of dollars. dont they need people to be ther ein person to do these things? at least have a form of ID? something? anything? any joe who knows someones checking account number can go forge a sig and rob anyones annutiy? this just doesnt sound right.. my mom wrote them a letter and this is their reply.

This letter is in response to your letter dated march, 28, 2009 regarding the above referenced annuity contract. in the letter, you indicated that your estranged son surrendered the annuity fraudulently.

our records indicate that your mother's annuity was surrendered in june 2005 upon her written request. a copy of that request is enclosed. proceeds from the contract were then wired to her checking account, and as such, we delivered the full proceeds of the contract to your mother. for more info, you may wish to speak with a representitive from the bank where your mothers account was held. john han**** acted appropriately in processing the surrender of the contract based on the information provided to us. we are not responsible for the criminal conduct of your son.

please note that john han**** annuities are not FDIC or SPIC insured. nor are they insured by any other gov. agency.

sincerely,
fran jackson
sr. compliance analyst

then there are two other copies pages of the forged documents that dont even LOOK like agnes' signature and the soc security numbers arent even right

can anyone please help me with this? i need to help my mom shes has been in rough shape for the past year now over this and I promised I'd help her with this. what can I do? can anyone be sued besides the son who forged these documents? can the bank to cashed out the money to him get my mom doris her money back with insured FDIC money? I just dont believe for a minute it is that easy for someone to forge a document to steal over a million dollars and they'll send you a letter saying, sorry, yer sol lol we're not responsible.

 

[justalayman]

you need to help her what? Did she even have a right to the annuity money? If so, she needs to look to her son for the money he stole.

even if the money was insured through FDIC, that is not what it is for. FDIC insures that if the bank goes bust, the government covers the deposits.

I just dont believe for a minute it is that easy for someone to forge a document to steal over a million dollars and they'll send you a letter saying, sorry, yer sol lol we're not responsible.

if the documents were proper, that's what they can say. As they said, they are not responsible for the sons illegal actions, he is.

and they did deposit the money in AGNES' account, not the sons.

 

[curb1]

Where is the money now? That information was most likely revealed in the "son's" court case. What does the bank say about this? I am skeptical that they would "cash out" a million dollar account. What did they say in court? Who handled grandmother's estate?

 

[wishkah3535]

Where is the money now? That information was most likely revealed in the "son's" court case. What does the bank say about this? I am skeptical that they would "cash out" a million dollar account. What did they say in court? Who handled grandmother's estate?

well i guess it doesnt matter if the real names get out it was already on the news. heres a link. and yes they did jus give out around a million dollars. heres what the news said. all that info is in there. theres nothing that can be done in terms of with suing the bank or company? theres no way shes going to get anything from the son, as u can see in that article.. I thoguht the FDIC insured stolen money as well?

Franklin man sentenced to 3 to 6 years inactive The Daily Star, Oneonta, NY - otsego county news, delaware county news, oneonta news, oneonta sports

 

[wishkah3535]

you need to help her what? Did she even have a right to the annuity money? If so, she needs to look to her son for the money he stole.

yes, she left her a lot of it. she looked to the son but didnt get anyhting. i dont see how this company that let him get this in the first place, and the bank that cashed this amount of money out to some guy with forgeries can get away with that scott free. I mean ffs i got called about a check i gave to someone for 1000.00 before verifying it before they even let them cash it out.

 

[curb1]

Interesting reading. He (Son) should have received more than 3-6 years (in my opinion, but I don't have all of the details). What is situation with his wife? I am guessing that he stashed a large chunk of the money and did not blow all of it gambling.

If he opened the bank account with his name on the account, it takes some of the sting away from the bank. Did brother forfeit any of his assets?

I can understand that mother would be stressed. I would guess that her only chance of getting money would be if the money is stashed and is found.

 

[Dandy Don]

When (what date, month & year) was the money put into Agnes's account?
Did Agnes even know the money was in her checking account? \
Did Agnes spend any of this money?
Is there any money left or has the son spent all of it?


If Agnes has a last will and testament that is being probated, then the executor of the estate needs to consider filing a lawsuit against the son to recover monetary proceeds.

 

[wishkah3535]

i told my mom about this forum and she got interested and wrote out these answers..

What is situation with his wife? I am guessing that he stashed a large chunk of the money and did not blow all of it gambling.

I do not know at present.

Did brother forfeit any of his assets?

no. he signed a confession of judgment to the estate.

When (what date, month & year) was the money put into Agnes's account?

the paper from the annuity place's signature says 6/18/2005 so around then

Did Agnes even know the money was in her checking account? \

my mother had no idea funds were being diverted

Did Agnes spend any of this money?

no. she was very ill and not aware of what was happening.

Is there any money left or has the son spent all of it?

it is supposedly gone but i think his wife's family is hiding it for him. there is no way a million dollars was spent on limos and the casino.

If Agnes has a last will and testament that is being probated, then the executor of the estate needs to consider filing a lawsuit against the son to recover monetary proceeds.

I will need to call my fathers sister who knows exactly these things and will post them when I find out. thank you for your help

 

[wishkah3535]

this gets better and better. my mom just gave me the most disgusting, pathetic letter I've ever read from her sons wife saying how she deserved nothing and cant believe all this happened to her husband and is ashamed of my mom and all this omg this is insane. there needs to be something that cna be done about this. if the bank, or annuity business cant be sued, cant the police seize all of this guys' assets to get evey last dime of this money back for agnes' family. my mom wasnt the only one on the will that got screwed here. aunts, uncles, other relatives. this is insane. i cant believe my mom never told me all this until now wtf is wrong with peopleeee

 

[Dandy Don]

What a shame! Even though he has been ordered to make $875,000 in restitution, it's doubtful he would even be able to get a job after he gets out, with having a criminal background. Consider hiring a forensic accountant or auditor to investigate where the money might be and also consider perhaps informing the IRS about this so they could perhaps also investigate.

 

[wishkah3535]

sorry for bumping this again, but i found some more info and was hoping anyone with a little experience in this field may be able to help.

I'm scanning this letter i got maybe it will shine some light on the situation and someone that has something similar like this happen to them could give me some help. will post soon as I get it on the comp.