power of attorney fraud

[LisaW]

My father had a head injury in 1995 and lost his memory, ability to read, write, etc. In 1998, my stepmother got power of attorney, after he was incompetent. She also, at that time, took two life insurance policies that were to be split equally between her, me, and my sister and took a change form already signed, without notating POA, to the life insurance company. She told them that "she was taking care of him and deserved all the proceeds." He died in May 2000 and it was then we found out what had been done. Did she and the insurance company commit fraud?

 

[ALawyer]

An incompetent can NOT give a power of attorney. That's the first issue -- was he incompetent at the time?

The second involves reversal of the payments the insurance company made.

You need a lawyer. Now.

 

[LisaW]

Thanks so much for the reply ALawyer...

I believe he was incompetent at that time, could not sign his name and we have people who say he had the mind of a child...

I have a lawyer in Dallas but am not too pleased with her as she did not know what steps, if any, we could take in regards to the life insurance policies. I would think the proper steps to take would be known.

What do you think?

 

[advisor10]

What You Can Do

12-06-2000


Did your father have a Last Will & Testament? You need to check with the county courthouse of the city/state where he died to find out. Your message doesn't specifically state whether the split between her, you and your sister was made in a will or whether you 3 were named as separate beneficiaries on the insurance policies.

The reason you need to look at the will and the other documents in the probate file is to see who handled the financial affairs and what assets were involved. Knowledge is power and you need to know for your own personal satisfaction. Since insurance policies are not considered part of the probate estate, there may not be any information in there about them.

Do you know the name of the current company or previous companies where your father worked? Check with these companies to get the name of the life insurance companies he may have had policies with so you can contact the insurance companies directly. If the stepmother incorrectly or fradulently used the POA document she had to claim YOUR share of the insurance money without giving it to you if you were specifically named as a beneficiary, then that is fraud and she can be sued for it.

There is also a company called Life Search Benefits at http://www.lifesearch.net that can do a search for insurance policies through 19,000 nationwide insurance companies for a $150.00 fee.

If possible, it helps if you can get a probate/estate lawyer in the same city or state where your father died so that they are most familiar with the regulations involved.

[email protected]

 

[LisaW]

Yes, there was a will, naming stepmom as executor and specifically stating that my sister and i were not to receive anything, the will was done at the same time as the change of beneficiary, after he was incompetent.

It is the life insurance policy that stated we were to split equally.

My father owned his own business. She was the secretary before they had an affair and my parents split. Then, after the accident, she actually ran the business.

She did not allow us to see our father, threatening to report us to police for harassment. My father did not know who we were at that point. It was just an accident that we found out he died, she did not place it in the paper or anything...I believe she did not intend for us to ever find out, or if we did that it would be too late.