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Stolen Insurance Funds

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J

JusticeNow2019

Member
What is the name of your state?Nevada
In 1993 my father passed away, and left an investment policy that he had been funding since I was 13. After my sister appointed herself executor of the estate, she took the funds from the Equitable Assurance policy and kept them, leaving me with a useless policy which the insurance company would only let me surrender and receive a few hundred dollars for. The insurance company admitted that my sister had taken the funds. Soon after my brother wrote a letter to the judge, because we found out that she had nine felonies on her record, and she was removed as executor. She laughs as she says the Statue of Limitations has run out, and there is nothing that I can do. Is that true? What kind of Lawyer would I use? Or what would be the process, if I wanted to represent myself. What kind of case is this? Is it too late to seek justice? Thank you in advance!
 


Just Blue

Just Blue

Senior Member
JusticeNow2019 said:
What is the name of your state?Nevada
In 1993 my father passed away, and left an investment policy that he had been funding since I was 13. After my sister appointed herself executor of the estate, she took the funds from the Equitable Assurance policy and kept them, leaving me with a useless policy which the insurance company would only let me surrender and receive a few hundred dollars for. The insurance company admitted that my sister had taken the funds. Soon after my brother wrote a letter to the judge, because we found out that she had nine felonies on her record, and she was removed as executor. She laughs as she says the Statue of Limitations has run out, and there is nothing that I can do. Is that true? What kind of Lawyer would I use? Or what would be the process, if I wanted to represent myself. What kind of case is this? Is it too late to seek justice? Thank you in advance!
Click to expand...
How old were you when your father passed away?
 
J

JusticeNow2019

Member
Of course. I was living in a different state caring for our stepfather and mother who were both ill and dying, and I was caring for my younger brother and sister who were still in high school. And I also just did not know how to defend myself.
 
D

Dandy Don

Senior Member
There are some important facts missing from your post.

Who was named as beneficiaries on this policy and how much would the policy have paid out after your father's death?

What do you mean when you say she "took the funds from the policy"? How much money did she get?

Did your father leave a will that was probated in court or was there no will at all?

Did you and your brother and sister receive anything from this estate?

How did you find out that the "insurance company admitted that your sister had taken the funds"? Is there anything in writing about that or was that merely a phone call done at the time?

Did she have a power of attorney that was signed and authorized by your father?

Did she use/spend any of the money she got for the care of her father?
 
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Just Blue

Just Blue

Senior Member
Dandy Don said:
There are some important facts missing from your post.

Who was named as beneficiaries on this policy and how much would the policy have paid out after your father's death?

What do you mean when you say she "took the funds from the policy"? How much money did she get?

Did your father leave a will that was probated in court or was there no will at all?

Did you and your brother and sister receive anything from this estate?

How did you find out that the "insurance company admitted that your sister had taken the funds"? Is there anything in writing about that or was that merely a phone call done at the time?

Did she have a power of attorney that was signed and authorized by your father?

Did she use/spend any of the money she got for the care of her father?
Click to expand...
None of the above ^ questions matter. This occurred 26 years ago. The SOL has long since expired.
 
J

JusticeNow2019

Member
Dandy Don said:
There are some important facts missing from your post.

Who was named as beneficiaries on this policy and how much would the policy have paid out after your father's death?

What do you mean when you say she "took the funds from the policy"? How much money did she get?

Did your father leave a will that was probated in court or was there no will at all?

Did you and your brother and sister receive anything from this estate?

How did you find out that the "insurance company admitted that your sister had taken the funds"? Is there anything in writing about that or was that merely a phone call done at the time?

Did she have a power of attorney that was signed and authorized by your father?

Did she use/spend any of the money she got for the care of her father?
Click to expand...
I’m not sure how much money she took from the policy my dad had on me since I was 13, but my sisters kids were listed as my beneficiaries if something were to happen to me. After she gave me the policy, I took it to Equitable and they told me to look at Kris that my account was worthless now. She will not tell me how much she stole. She had a policy and I had a policy, since she was in the same state where my dad died she had access to his house and took advantage of it. He had mortgage insurance on his house to pay it off in the event of his death. She sold the house and kept all the proceeds. There was a annuity fund and a Charles Schwab account where we were all listed as beneficiaries that she could not touch and my brothers and I did receive our portion. She says there was no will. She removed all funds from his checking accounts and savings. We were all beneficiaries, but as executor she was able to do it. She did not have POA; she just filed papers to get appointed as executor. My father did not trust her. Unfortunately she spent most of the money on crack. She did not physically care for my father; they were not speaking at the time of his death. I found out later that she has 9 felonies on her record.
 
D

Dandy Don

Senior Member
Did you ever receive a check specifically from the estate or were the checks from the annuity fund and from the Charles Schwab account paid outside of the estate?

Did you ever visit the county courthouse to look at the probate file to see exactly how the estate was handled and to look at the paperwork in the file to see whether she was required to pay for an executor's bond or not?
 
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