murdered brother's insurance

[honeylea]

What is the name of your state? Iowa

my brother was murdered last year. police was wrapping up their investigation and prepared to go to the grand jury to have my sister-in-law arrested for the murder of her husband. before this could happen, she died of natural causes. the police have now closed the case.

there were 2 insurance policies taken out on my brother that listed his wife as the beneficary. the police have handwriting samples that prove that the wife forged my brother's signature on both of these policies.

The had no children of together. She had 2 children from a previous marriage. My brother's closest living relatives are his mother and his siblings. We have found out that his stepson has placed a claim for the payout from these policies. Do we have any legal recourse to prevent my sister-in-law's family from benefiting from her actions?

 

[ALawyer]

Yes, you have several, including getting the insurance company to deposit the proceeds in court as it is a contested claim (and the insurance company may have evidence to help you) as then fighting it out with her heirs at law, or suing her estate forwrongful death.

HOWEVER if his signature on the policy application was forged, it is just possible the insurance company can say, in effect, the policy was never entered into, and thus deny the claim. A policy issued wholly as a result of the murdering wife's fraud may be void as HE never had contact with the company. A local insurance law specialst would have to tell you that.

While in a criminal prosecution the state msut prove guilt beyond a reasonable doubt, in a civil case - such a wrongful death case as the one for insurance proceeds may be -- all you need is 50.0001% proof and the evidence the police already have is likelyt sufficient, especially if motive is shown.