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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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i had a whole life insurance policy with my husband - then

Customer Question

i had a whole life insurance policy with my husband - then children as beneficaries. We divorced in Sept 2000. i discovered today that in Oct 2000 my life insurance policy was cashed out and closed..SOMEone signed my name. A check was then sent in my name to my husband. It was cashed by someone. I would suppose my exhusband. The Life insurance company is sending me a copy of the signed paperwork and also a copy of the check. I should have both in 5 to 10 days. My ex husband says he does not "remember" closing the account.. I asked who did. He has no answer of course. The insurace agent said he did not contact me because it was my husbands policy. I told him it was my policy. His comment was: "oh"..Thats when I called the main office. They confirmed it was my policy and that my name was signed on the surrender document. I asked if they required witnesses or a notary to such signitures. They do not. I asked if my husband could take the paperwork home have it signed and bring it back..They said yes he could. I checked and it will cost about $300 to have a handwriting expert check the documents once I receive them. What can I do???
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about this unfortunate situation.

What was the amount that your husband had received from your whole life policy?

Did you just discovered this fraud and also did you have to make payments on this policy or had any other reasonable way to discover this fraud earlier?
Customer: replied 1 year ago.

I just discovered today. I made payments with my husband until my divorce. It was my understanding that we had reached to point where the account paid for itself. But either way it didn't matter because a month after the divorce he canceled the policy (unknown) to me. He kept all the paperwork to everything we had.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Denise.

What was the amount that your ex allegedley withdrew from this insurance poliy?
Customer: replied 1 year ago.

They could not tell me the amount. I must wait for the check copy to find out. I believe the original amount of the policy itself was $250,000.00. So it was more than a few hundred dollars. At this point I am very angry. I don't care if it was $100.00. It was mine. Then interest for almost 13 years....

Expert:  Alex J. Esq. replied 1 year ago.
Dear Denise,

Thank you for your follow up.

Basically, you would need to report this fraud / forgery to the police and in Arizona, criminal statute of limitation does not start to run until the fraud is discovered.

The police will investigate this matter and if it is determined that your ex-husband has comitted this fraud and cashed the check or asked someone to cash the check, then your husband and potentially any accomplices would be facing felony fraud charges.

I am very sorry this has happened to you and I do wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13136
Experience: Experienced Licensed Attorney
Alex J. Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you!

Expert:  Alex J. Esq. replied 1 year ago.
Dear Denise,

Thank you and GOD bless you!
Customer: replied 1 year ago.

What is my burden of proof? Also what documentation/forms do I need to provide law enforcement..Could I just go directly to the county attorney's office?

Expert:  Alex J. Esq. replied 1 year ago.
Dear Denise,

Thank you for your follow up.

Basically, you would need to gather any and all evidence that you have and report it to the police and present your evidence and also if the police fail to pursue criminal investigation, than you can also make appointment to directly meet with the county attorney and let the county attorney review the case.

Basically, it would be the state that would have the burden to prove beyond any reasonable doubt that your ex committed this fraud.

I wish you the best of luck!
Customer: replied 1 year ago.

Great thanks again!


You have been a great help.


Denise

Expert:  Alex J. Esq. replied 1 year ago.
Thank you and GOD bless you!

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