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Question concerning false statement to insurance company?

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lostinpaperwork

Junior Member
What is the name of your state?What is the name of your state? PA.
My mother passed away in March of this year. 2 weeks ago my brother was informed that the sister my mother lived with contacted the insurance company in 2002 and told them mother was not capable of making her own decisions and she had POA over mother. (sisters husband is a notary and put his seal on this POA paper which makes it not legal) Sister put her name as benificary on policies. Since insurance company can't or won't answer my questions about this, did my mother have to sign something concerning the change of benificary or not? Company stated they were faxed a paper by the sister that was notorized but can't give us any copies of this paperwork. They said we need to get an attorney to request this info.

The sister and her daughter made a "fake" WILL after they opened my mother's WILL that was made in 1991, retyped it almost word for word and put the sisters name down as executor. They took a 2 page "WILL" to a notary which he placed his seal on the top page that had words "whited" out and ink was used to write over whatever was whited out. No initials from my mother to okay the white out part and the 2nd page has no notary seal on it at all.

Insurance company paid out the life insurance policies to the sister. After the funeral director called my brother telling him he hasn't recieved any insurance payments (policies were signed over to him at the time we made funeral arrangements not knowing they were invalid). Brother called the sister and told her that whatever she did better be straightened out before he contacts his attorney. She took the insurance checks to the funeral director and signed them over to him that same day my brother called her. Mother's bill is paid in full at this time but what we want to know is, can we go to our district attorney and tell him the story of what was done (in hopes that he will say there is a case against the sister) and prosecute her or is an attorney needed for this? We do not want this sister to get away scott free for what she did. Our mother never did anything for that sister to do what she did. All we want is justice for our mother.

Any suggestions on what we can or should do? We are all heart sick over this and we don't know where to turn.

Thank you for any advice to help guide us.

lostinpaperwork
 
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Dandy Don

Senior Member
You can go to the district attorney to see what will happen, but I have a feeling he will probably brush you off because sometimes they don't take white collar crime seriously enough and he will probably say it's a civil matter between you and her.

Was the fake will probated in court?

You need to be talking to an attorney to determine whether you need to contest the fake will and also find out what the laws in your state are about abuse of power of attorney/elder financial abuse--some states have such laws and others don't. What she did was probably abuse of POA because she had no legal authority to change beneficiaries--only had authority to claim or handle any monies on the other parties behalf. So if you win you will probably be able to get her actions reversed and she will have to pay the money back. Insurance company now realizes they were deceived and doesn't want to give you any extra information that may help them look back--thus you will have to go to court to get it and prove the wrongdoing.


DANDY DON IN OKLAHOMA ([email protected])
 

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