by bffty2 » Fri Dec 04, 2009 02:57 am
My parents divorced in 1967. Apparantly my father had a life policy naming us 4 children as beneficiaries. My mother apparaently continued the payments after they split. My father died in 1980. Us kids got a very small amount on the policy through his employ. Well my mother died two months ago. As I was cleaning out the house, I came upon some documents. There were four forms, each signed by us kids, signing our benefits of $5,900+ to my mother. There were also 4 check stubs from Prudential for payment. I never signed any such document, nor would I have given what my father left me to my mother. It is NOT my signature. Prudential was very neglegent in failing to authinticate the signatures and just gave my mother our money. My brother is also deceased now so it is just us three girls. My eldest sister doesn't want to desecrate my mothers name. Me and my other sister are pissed and want what was rightfully stolen from us. I called Prudential and they couldn't find the policy in their records. It has been 29 years since it was paid. They told me they would investigate and get back to me with their decision in 10-15 days. Decision?? Like they can tell me I am SOL or something? What are my recourses and would an attorney take the case on a contingency billing.?
Posted: Fri Dec 04, 2009 07:18 am Post Subject:
While not an attorney, I wouldn't think you'd have much in the way of legal recourse at this point. Starting here:
It has been 29 years since it was paid. They told me they would investigate and get back to me with their decision in 10-15 days. Decision?? Like they can tell me I am SOL or something?
That is a reeeeally long time, and my feeling is that there is a statute of limitations out there somewhere that's going to apply. My hunch is that the "decision" the insurer said that they are going to make is going to (1) be based on whether they can find the documents. That's a coin flip there. If they can't find them- you still have your copies and the carrier might (stress might) accept what you have in some way, but what you have is minimal. They are normally going to require the original or insurer copies of the original documents. If you can find a copy of the policy that contains the change of beneficiary endorsement attached to it, you've got more info.
As far as you considering an attorney, you can always hire an attorney to do some of your legwork here, but in my opinion (again, not a lawyer), it's not gonna help. You can check out any information you need on your own if you can research decently online. That you found this site tells me you can. The insurer should provide you information in writing. If they don't- request it from them and ask them to cite law in any decision they render. That way you can research what's up, and we can help you here.
I think that the only way they're going to pay you is out of the kindness of their heart. I've actually seen it done to avoid problems and (usually) whiny people when the death benefit is so small. In this case, that's a really small death benefit.
There were four forms, each signed by us kids, signing our benefits of $5,900+ to my mother.
As to this:
Me and my other sister are pissed and want what was rightfully stolen from us.
I can understand you're being upset, but consider the crime vs. punishment here. Without understanding your financial situation, when you look at it- $5900 split four ways is $1475 each. How much would you have to pay for an attorney to go after the carrier? Trust me on that one. It wouldn't be that cheap.
I wish you luck, and let us know what's up, ok?
InsTeacher 8)
Posted: Fri Dec 04, 2009 09:33 am Post Subject: Benefits fraudently conveyed
NO; it was $5,900+ X 4. 30 yrs ago, that could have made a major difference in my life. Hell; I can whine. And there is no statute of limitations when a criminal act is involved. So the way I see it is they can pay me the $5,900 they so easily turned over to my mother, + 29 yrs interest, or I can persue legal action and get my deceased brother's share as well! Prudential is a pretty reputable company. They wouldn't want to be subject of inadequite theft prevention.
Thanks for your input.
Posted: Fri Dec 04, 2009 10:39 am Post Subject:
The person who stole from you was your mom. If you are going to go after anybody, you need to go after your mom's estate.
Being realistic, you don't have a chance with this.
I'm sorry about your relationship with your mother.
Posted: Tue Dec 08, 2009 12:22 am Post Subject:
And there is no statute of limitations when a criminal act is involved.
Not true- it depends on the criminal act. There is generally no statute of limitations on capital crimes, international law, genocide, crimes against humanity, war crimes and fraud against the court. Almost everything else is subject to limitations. I refer you to the following site for clarification (site is accurate and dependable):
http://www.resource4criminallaw.com/statuteoflimitations.html
I wish that you weren't under a statutory limitation as I believe you are. You can always seek counsel for assistance for advice on statutory limitations, but I think this is pretty accurate.
InsTeacher 8)
Posted: Wed Dec 09, 2009 12:13 pm Post Subject:
InsTeacher is right on all counts.
This is way too long to be a valid legal issue. Hiring a lawyer will cost you far more than the $5900+ you might get. And as "sdfkarv" points out, the claim is against your mother's estate, not the insurance company.
If your mother's estate is being probated, you can file a claim with the probate court on your own as a creditor. Demand your $5900+ (perhaps with interest, but that's a long shot, too), present your evidence, and see what happens. No need to hire a lawyer only to be told, "You have no claim."
The lawyer will be more than happy to take your case, because win or lose, he gets paid.
Posted: Thu Dec 10, 2009 03:12 am Post Subject:
If your mother's estate is being probated, you can file a claim with the probate court on your own as a creditor. Demand your $5900+ (perhaps with interest, but that's a long shot, too), present your evidence, and see what happens.
If that estate is still in probate, after 29 years, and trust me on this, there ain't no money in that estate. There is NO WAY that puppy is still in probate. If it is? It'll eat my keyboard. Want to re-open probate? Unfortunately, Mom wasn't Howard Hughes. There's no chance on the planet that's going to occur based on what I know.
The insurance company, as it's been pointed out, simply carried out the instructions it had based on the evidence at hand at that time. Kinda sucks, huh?
One last question to our OP: When did you find out about this and has the carrier gotten back to you with any info?
InsTeacher 8)
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