Recent content by ikillratz

Why don't prosecutors like fraud cases? This seems pretty open close. My parents have a letter indicating the insurance company determined there was fraud. Once the insurance money is disbursed I see no harm in turning the evidence over. Might be the only way my parents get their lawyer fees...

Well, 2 days before the letter from the insurance informing everyone that my uncle forged papers to the insurance my mom and uncle signed papers from lawyers saying my uncle would not contest the life insurance and was basically agreeing to give me mom the life insurance. 2 days later is when...

Well, we now know that the life insurance is supposed to go to my mom and the papers my uncle submitted to the insurance were forged. The insurance did their own investigation and came to that determination and we got a later starting that. For the retirement my aunt never got my uncle to sign...

I was talking with regard to turning the fraud over to the District Attorney.

Would there be any harm in waiting until funds are dispursed to the correct people?

Would reporting the fraud interfere with the disbursement of funds from the life insurance?

This is what I keep seeing about ERISA "Under ERISA, if the owner of a retirement account is married when he or she dies, his or her spouse is automatically entitled to receive 50 percent of the money, regardless of what the beneficiary designation says. ... A spouse can forgo his or her right...

I am just confused on the ERISA law. I looked it up and I see either the spouse gets all of the funds or is only automatically given 50% and the spouse only needs to sign a waiver if they are to get less then 50%. I am just not clear on the ERISA rule and how it is applied to a 403b plan...

What about a 403b plan?

When is the spouse only entitled to 50% automatically? I know I have read that somewhere.

Yes? Can you elaborate?

Got some additional information. A letter from the retirement company came and said my aunt's 403B plan was governed by ERISA and under that my uncle gets all the retirement fund unless my uncle signed off on a different beneficiary form, which he didn't. I thought ERISA only guaranteed the...

If this fraudulent beneficiary form is brought to the district attorney's attention could my mom possibly get her lawyer fees back in a criminal case if the prosecutor decides to go after my uncle criminally for the insurance fraud, maybe something like instead of jail time he pays my mom the...

So your saying essentially the agreement my mom signed with her lawyer regarding my uncle can be undone now due to the insurance companies determination? Does this mean the insurance company can give my mom the funds directly without going through the lawyer?

So, even though my mom signed a deal with the lawyer this judgement from the life insurance can void the deal and the insurance can give my mom the money directly? Does this mean she won't need to pay lawyer fees? The lawyer is comission based so he was going to get 25% of the deal/compromise...