Mother stole daughters life insurance

[copekyle]

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

I have a question regarding life insurance. My wife and I recently received a letter from the IRS demanding taxes on a life insurance settlement my wife received. We never received it. Here's the back story.

When my wife was 16, her dad died and her mom was not fit to raise her and so her grandparents took her in. Legal guardianship did not change but her grandparents moved her from california to idaho. At this point, her mother was not a part of her life at all, matter of fact, my wife never received one of the survivor benefit checks that were sent to her mother.

After receiving the letter from the IRS we contacted the Insurance company that the IRS said the money was issued. We were told that the check was requested, in my wife's name in March of 2010 (my wife turned 18 in November of 2009) and the check for 16 thousand dollars was sent to an address in California. This address was her mothers. The check was then cashed a few days later. We called her mother and asked about this and were told that "the insurance company told me to just sign my name on the check and cash it and I've already paid the taxes." We asked her to send her taxes to us to prove it and she can't find them. We asked the insurance company to send us a copy of the check and are still waiting on that.

What are our legal rights here? If I need an attorney, what type do I look for?

Thanks in advance for your advice

Kyle

 

[HomeGuru]

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

I have a question regarding life insurance. My wife and I recently received a letter from the IRS demanding taxes on a life insurance settlement my wife received. We never received it. Here's the back story.

When my wife was 16, her dad died and her mom was not fit to raise her and so her grandparents took her in. Legal guardianship did not change but her grandparents moved her from california to idaho. At this point, her mother was not a part of her life at all, matter of fact, my wife never received one of the survivor benefit checks that were sent to her mother.

After receiving the letter from the IRS we contacted the Insurance company that the IRS said the money was issued. We were told that the check was requested, in my wife's name in March of 2010 (my wife turned 18 in November of 2009) and the check for 16 thousand dollars was sent to an address in California. This address was her mothers. The check was then cashed a few days later. We called her mother and asked about this and were told that "the insurance company told me to just sign my name on the check and cash it and I've already paid the taxes." We asked her to send her taxes to us to prove it and she can't find them. We asked the insurance company to send us a copy of the check and are still waiting on that.

What are our legal rights here? If I need an attorney, what type do I look for?

Thanks in advance for your advice

Kyle

**A: do your wife and her mother have the exact same name? How is it that the check was written in your wife's name but cashed by her mother? Did they have a joint checking or savings account?

 

[copekyle]

Nothing of the sort. We think that her mother is lying about what the insurance company told her. My wife is named Melissa and her mother's name is Julie. No joint accounts or anything.

 

[copekyle]

We are waiting to see the copy of the check to verify but we are almost certain her mom had to forge her name in order to cash the check.

 

[HomeGuru]

We are waiting to see the copy of the check to verify but we are almost certain her mom had to forge her name in order to cash the check.

**A: then when you actually get the evidence, post back.

 

[Zigner]

Who was the OWNER of the policy?

 

[Betty]

I definitely would want to see a copy of the check to see exactly to
whom it was payable & how it was signed to cash it & then go
from there.

 

[copekyle]

Zigner-
The owner of the policy was her father who died.

 

[Betty]

Ok. Hold for the copy of the check & post back if necessary.