My Evil Ex-Stepmother Strikes Again....

Chris4TheMill

Registrant
My dad passed away in April. He had a whole life insurance policy that was in the name of my brother and myself. Long story, but years ago my dad and stepmother took money out of the policy to buy their million dollar house, plus he stopped paying the premiums. So my brother and I had no idea how much was there. But since he left us nothing, it was at least something.

They had divorced years ago, we don't know when. She always treated us like trash, but in recent years I thought she had changed at least a bit.

I was WRONG.

I finally sent in the proper paperwork to gain access to the life insurance funds in July. Since I did not hear from the company, I called them this morning and got one of the shocks of my life.

I was told that it was cleaned out, completely paid out! I said how can this be, it is in the name of the sons....? They said someone filed all the necessary papers and got him to sign them. Since he was still living when he signed papers to cash it out, that made the beneficiaries null and void.

!!!!!!!!!!!!! o_O:(:mad::eek::eek::eek::eek::eek::eek::eek::eek:

I am still so upset that I can't think straight. I told my brother today, and my aunt (my dad's sister).

I am wondering if there is any way to sue my ex-stepmother? Does anyone know? My dad was in a nursing home suffering from dementia in 2018 when the papers were signed. I imagine there must be some way to fight her on this? It's a long story but they already stole money from us when we were young. This is just another wicked assault on us. This woman is malevolent to the core. Evil never gets tired, it is always looking for more ways to abuse.
 
Actually, you CAN sue. On the basis that your father was mentally unfit at the time of the signing. But the burden of proof will be on you. Luckily, civil torts do not require the same level of proof that criminal cases do. Reasonable doubt is all that is required.

A lawyer can issue a subpoena duces tecum to obtain all medical records related to your father's care. If it can be proven that your father was incapacitated at the time of the signing, your case will be strong.

Question is, what happened to the money? If she has spent it, it will be very hard to recover damages.
 

Chris4TheMill

Registrant
Jaxson, that is so helpful, thank you. I will communicate this to my brother.

Even if she spent the money, that would not be an issue. She has plenty of assets. That is what makes this whole situation even more unjust. It's like the story in the Old Testament of the rich man and the poor man he ripped off. The rich man had tons of sheep and cattle, while the poor man had one little ewe lamb that he raised, and it grew up with him and his children. It shared his food, drank from his cup and even slept in his arms. It was like a daughter to him. Then a traveler came to the rich man, but the rich man refused to take one of his own sheep or cattle to prepare a meal for the traveler who had come to him. Instead, he took the ewe lamb that belonged to the poor man and prepared it for the traveler.

THAT describes my ex-step-monster perfectly.
 
I'm sorry to hear about your father passing and the troubles with the estate. I can assure you that even the nicest people turn evil when it comes to estates. I know this because my inlaws have several million in real estate with no will. My father in law had a stoke, his children from his first marriage had him deemed incapacitated and went to court to take control of the property, business and bank accounts. The only thing that stopped this from happening was that he could go to court and clearly make his wishes known. Also, $20k in attorney fees.

But, if your father did not have a will (even if he did) you and your brother are entitled to 50% of his assets and your stepmother is entitled to 50%. Yes, you can sue about anything, it doesn't mean that you will win and it will cost attorneys fees though they may be able to reimbursed by the estate. With a $1m home things should be in probate. And if it is, she would be the fiduciary with all the responsibilities that requires; meaning there could be criminal charges filed for misappropriation.

My own personal estate troubles with my brother were so bad that I told the attorney to just let me give up my rights. She said that would not solve the problem because then that portion of the estate would go to my children instead...
 
Last edited:
Top