Beneficiary for Pension & Annuity Funds

[clynch1024]

I live in Ohio. My question is regarding Pension & Annuity Funds. My fiance, with whom I lived with, in my house, for about 1.5 years, died in a car accident in Feb. 2005. He named me as the sole beneficiary for his Pension Fund and his Annuity Fund. His parents were named as sole beneficiaries for his Subpay Fund & Life Insuarance Policy (Through the Union- L.U. 120).
His parents are upset that he left me the majority of his money. (They are very greedy) I just want to make sure that they don't have a right to my money. (My fiance has no living children) I am under the impression that siblings and parents do not have a right to the money.
My next inquiry is about my fiance's final paycheck. I signed his paycheck (after he already passed) and deposited it into my checking account. (That's where we were working out of (my checking account) - we put our money together in my checking account so that I could pay his bills and mine. (we always signed each others' paychecks - even though we shouldn't have - but we did) I was distraught and desperate when I cashed it after his death. Not only did I just lose my fiance, but now I could lose our home?!?!? No Way!! I was counting on that payvheck for a mortgage payment previous to his death.
A few weeks ago, when his mother went to pull POA, to clear all of his bills, she ended up lying to the court by answering "no" to the question of "was there a final paycheck?" Who can get into trouble here?? and how much trouble are we talking???
Thanks!

 

[BelizeBreeze]

I live in Ohio. My question is regarding Pension & Annuity Funds. My fiance, with whom I lived with, in my house, for about 1.5 years, died in a car accident in Feb. 2005. He named me as the sole beneficiary for his Pension Fund and his Annuity Fund. His parents were named as sole beneficiaries for his Subpay Fund & Life Insuarance Policy (Through the Union- L.U. 120).
His parents are upset that he left me the majority of his money. (They are very greedy) I just want to make sure that they don't have a right to my money. (My fiance has no living children) I am under the impression that siblings and parents do not have a right to the money.

Such entitlements pass outside of probate. And, in your specific case, since there are no preceeding stipulations, it's a done deal.

My next inquiry is about my fiance's final paycheck. I signed his paycheck (after he already passed) and deposited it into my checking account. (That's where we were working out of (my checking account) - we put our money together in my checking account so that I could pay his bills and mine. (we always signed each others' paychecks - even though we shouldn't have - but we did) I was distraught and desperate when I cashed it after his death. Not only did I just lose my fiance, but now I could lose our home?!?!? No Way!! I was counting on that payvheck for a mortgage payment previous to his death.
A few weeks ago, when his mother went to pull POA, to clear all of his bills, she ended up lying to the court by answering "no" to the question of "was there a final paycheck?" Who can get into trouble here?? and how much trouble are we talking???
Thanks!

You have no right to the monies and so the answer to that question is YOU. As for the POA there is no such thing after death.

 

[Dandy Don]

How do you know she was lying--she may or may not have known about the existence of a final paycheck.

YOU are the one who could be in trouble for forging a dead man's name to a paycheck--you are lucky that this fraud has not been discovered or else you would have to make repayment and possibly face jail time or fines, you lucky person you!

The beneficiary designations are ironclad and there is nothing parents can do to get money that you were designated beneficiary of.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

I live in Ohio. My question is regarding Pension & Annuity Funds. My fiance, with whom I lived with, in my house, for about 1.5 years, died in a car accident in Feb. 2005. He named me as the sole beneficiary for his Pension Fund and his Annuity Fund. His parents were named as sole beneficiaries for his Subpay Fund & Life Insuarance Policy (Through the Union- L.U. 120).
His parents are upset that he left me the majority of his money. (They are very greedy) I just want to make sure that they don't have a right to my money. (My fiance has no living children) I am under the impression that siblings and parents do not have a right to the money.
My next inquiry is about my fiance's final paycheck. I signed his paycheck (after he already passed) and deposited it into my checking account. (That's where we were working out of (my checking account) - we put our money together in my checking account so that I could pay his bills and mine. (we always signed each others' paychecks - even though we shouldn't have - but we did) I was distraught and desperate when I cashed it after his death. Not only did I just lose my fiance, but now I could lose our home?!?!? No Way!! I was counting on that payvheck for a mortgage payment previous to his death.
A few weeks ago, when his mother went to pull POA, to clear all of his bills, she ended up lying to the court by answering "no" to the question of "was there a final paycheck?" Who can get into trouble here?? and how much trouble are we talking???
Thanks!

To find out how much time you could get for felony theft, look here:

http://www.clelaw.lib.oh.us/Public/Misc/FAQs/Sentencing.html

 

[clynch1024]

Thanks for the information.

 

[clynch1024]

OK -so now I am freaking out about the final check. I didn't realize that I could get into so much trouble. I have no previous criminal record. I have a mortgage payment and a small child. I was desperate at the time and not even thinking clearly. I just lost the second most important person in my life, the first one being my son. His company sent the check, and they are not contesting it. I read the page that was attached regarding felony charges, and again, I am totally freaking out. Couldn't I just pay the money back plus a penalty?? Please advise.

 

[clynch1024]

And one more thing. Would it be in my best interest to tell somebody about this. Or should I let it ride??