fraud and forgery

[janm057]

My sister passed away last year in September.She was on SSI and Social security .Her scumbag husband never once went to the doctor with her or even knew her doctor's name after two years she underwent treatment.He was absolutely horrific in his treatment of her while she lay ill and dying.I have since obtained custody of thier two young sons.Very recently I learned that he received her social security check in October of last year, forged her name on it and cashed it. I turned all the information over to the police and am wondering if they will file charges. They said it will be investigated. We have indisputable proof that he signed and cashed the check. What are the chances he will be charged and what the charge/charges might be.We live in Georgia.She was deceased when the check was cashed and the store owner had to repay Social security. Thanks for your response.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well what he did was defintely dishonest. But there are a lot of factors to consider. Does Social Security continue after death? I.e. is it transferable to beneficiaries or relatives of the deceased? If it is, and he was the rightful heir, then yes, he has a right to it, but forging the signature is not the correct way to obtain the Cash. Not only that, but the children may have ownership interest to it.

I think you need to stay on top of everything, for your sister's memory and the sake of her children. Keep ALL records, talk to people, make appointments, do NOT settle until it is complete.


hope this helps.

 

[JANM057]

thank you lawrat for your reply.He does not have survivors benefits for himself although the children do.He also received Thier checks this month and cashed them even though I have custody.He did not give the money to them or provide them with anything out of thier money.But he was NOT entitled to my sister's check last October.The store had to reimburse Social security.I will definitely stay on this.Thanks again. Janm057

 

[lawrat]

you are welcome.