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Is it insurance fraud, that dad’s 2nd wife lied about the size of his estate to obtain control of life polices he owned?
Asked almost 3 years ago - Garden City, NY
She used the state’s estate under $20,000 designation to obtain letters of administration to gain control of two life policies he owned on her. We have determined that his estate is in excess of three million dollars.
Additional information
The life policies are a whole life and variable universal life that my dad owned on his second wife he was listed as the beneficiary. The other assets are ones we have discovered since her filing.
The life policies are a whole life and variable universal life that my dad owned on his second wife he was listed as the beneficiary. The other assets are ones we have discovered since her filing.
Attorney answers (4)
I am a NY attorney practicing just south of Garden City and it appears that you have grounds to file an objection to the Estate and perhaps to her being granted Administratrix status. If you can prove your claim, you may be able to disrupt her being in control of the Estate and replace her with you or one of your siblings.
I suggest you hire an experienced Estate attorney to further investigate and pursue the matter. It sounds like you have a good chance of prevailing.
Good luck.
I suggest you hire an experienced Estate attorney to further investigate and pursue the matter. It sounds like you have a good chance of prevailing.
Good luck.
You may file a challenge.
Good luck to you. You should consult with a local attorney to determine your rights and the best remedy for your situation.
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God bless you. I am licensed in Chicago
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question
Good luck to you. You should consult with a local attorney to determine your rights and the best remedy for your situation.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.avvo.com/legal-guides/ugc/how-to-cho...
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.avvo.com/legal-guides/ugc/what-do-i-...
God bless you. I am licensed in Chicago
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question
Certainly what you have stated is fraud. But why would she do this? Life insurance policies on her life probably do not have much value to her. Perhaps she's trying to avoid estate taxes (which wouldn't be affected by the policies anyway). File your challenge and see what happens.
Ordinarily, life insurance benefits pass outside of the probate estate; so if all but $20K of the estate were life benefits, then she didn't do anything wrong. Is it possible that you are mixing the values of his probate estate with that of his gross estate for estate tax purposes?
What do you mean that the gained control of two life policies he owned on her. If she were the beneficiary of the life policies (rather than his own estate being the beneficiary), then she didn't do anything wrong.
There is really not enough info in your fact pattern to discuss this issue fully. Maybe you can speak with an accountant near you to gain some more insight.
What do you mean that the gained control of two life policies he owned on her. If she were the beneficiary of the life policies (rather than his own estate being the beneficiary), then she didn't do anything wrong.
There is really not enough info in your fact pattern to discuss this issue fully. Maybe you can speak with an accountant near you to gain some more insight.
