$20,000 stolen from MIL

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So the drama continues even after MIL has passedz back story is on previous posts. My husband has been looking into things all week and has been able to determine that MILs partner took up to $20,000 from her personal account. She should have had more than $6000 in her checking out. We’ve hit some roadblocks as the credit union is not cooperative (that’s understandable). My husband called some friends at the DAs office and we can get her bank records if we file a notice of small estate with the probate court. I actually suspect he was helping himself to her money for awhile now. We can’t figure out where else her money would have gone. She has had no debt for several years. No medical bills. There were a few utilities but they totaled less than $500 and her brother was paying her rent. After taxes, she was bringing in around $48, 000 a year between her pensions and social security. She got paid the 15th of every month. She was down to $2000 when she got paid in May. Somebody was taking her money and the only person who had access to her accounts was her partner. My husband's siblings are supposed to come over today so he can tell them everything and see how they want to proceed however my SIL wanted to invite MILs partner over too! Not be part of the discussion but for our Father’s Day get together. So he’ll be coming at 6pm supposedly. I am not happy at all. Neither is my husband but he is the one who told her yes when he could have said no. They are supposed to talk about everything before he gets here. I am so anxious and on edge. I am just angry that my husband has been put in this situation. His sister is probably going to want to forgive and forget. But this doesn’t fall on her shoulders. My husband is the executor of the estate and he is the one who discovered the crime. We can handle the missing money, it’s not like it came out of our pockets and nobody wanted or expected money when MIL died. The problem for me is that this situation could cause a rift between all of us and my MIL, the backbone of the family, isn’t here to keep us together & talk some sense into everyone and that’s a hard pill to swallow.

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Does Mom have an insurance policy with former employer. Some carry a retirement sort of policy. Maybe 25k. Sounds like this man is a schyster. I guess ur finding he has gotten a lot out of Mom over the years. Glad u were able to get the 20k back.
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MILs retirement is through the California public employees retirement system and she named her children as the beneficiary so that her contributions would be paid to them if she died before her contributions were used up. She did receive a smaller payment because of this. There is also a 1 time death benefit payment and her partner was named beneficiary of that. It’s a one time payment of $500. We have a copy of all the paperwork she filed out when she retired so we know who gets her pension, the paperwork was mailed in a month ago, but no one has received a check or any other correspondence from PERs yet. He is not legally entitled to anything else and nothing else was willed to him. But I could see him trying to go after her retirement.

So On June 9th when we went to pick up the deed to MILs House, her partner was talking about life insurance again, he didn’t know this but we already knew there was none. But he was talking about multiple policies they had on each other and how she always wanted him to have half of everything because they did everything 50/50 (the bank records say otherwise). He claimed they had cashed in the life insurance policies and put the money into the mortgage (bank records show otherwise) and he claimed there was other policies out there that her kids needed to claim. Then he got into her retirement and how she always wanted him to have half of that too and that he kept telling her no, leave it for her kids. And that’s a load of BS. I don’t doubt for one minute that he tried to get her to take the full monthly payment instead of the lower payment. At the time she retired, she was not sick and had no reason to think she would die even within 5 years! When you put in for retirement, PERs tells you what your total contribution was and how long it will be until your contribution is used up. Hers would be used up in a few years. Her partner convinced her to work until 2016 (she wanted to retire in 2015) because she would get $100 a month from social security. She did not need the extra $100 month and she ended up owing federal taxes in 2017 and 2018! She worked an extra year to bring home an additional $1200 a year and ended up getting hit with $2400 in taxes. and her social security WAS taxable because her income was over the limit. Anyway, I believe he probably wanted her to take the larger pension payment.
And looking back, I think his comments about how she always wanted him to have half of everything, was just prep work. Trying to convince us she wanted him to have half, because he had taken $20k from her right after she died and he told my husband he took “half” the accounts. He didn’t, there was $12k left in her personal accounts. $6k in each account. He was trying to convince us and have a believable story in the event we found out about the $20k taken the day she died!
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Just some info on pensions. Usually at the time of retirement you have to sign your spouse up for survivor benefits. Only by doing that will they get a percentage of spouses pension. When this is done, it means less monthly for the pensioner. If the pensioner does not stipulate a survivor, then the spouse gets nothing at the time of pensioners death. So in MILs situation looks like he wasn't named as a survivor so no pension.
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Igloo I wouldn’t put anything past him at this point But California does not recognize common law marriage. He’s not eligible for her social security, they weren’t legally married, we already spoke to SS and he can’t get hers. I am sure he would love to since hers was $400 more than his. We are getting her mail here now. Nothing has come addressed to Mr & Mrs. He can’t get her pension, she designated her kids as the beneficiaries. I wouldn’t put it past him to try to pull something off but I don’t see how he would be able to successfully pull something off. He no longer has an official copy of the death certificate.

So on tuesday my husband picked up the check which covers the remainder of the stolen money. When it rains it pours, that’s for darn sure. When he went out to his car that morning to go to MILs house, he discovered someone had broken in and stolen his work uniform, sunglasses, 2 sweatshirts and his prized golf clubs! Our camera footage caught it but since it happened at midnight-2 guys on bikes, 1 rode past the car and 1 stopped at the car and broke it-their faces weren’t identifiable. I was just sick that night, my husband plays golf once a week, it’s his stress relief, his personal time. The good news is, and maybe this is MIL looking out for him, but he went to the pawn shop yesterday morning & asked them to call him anyone came in to pawn titleist golf clubs and a Scotty Cameron putter. He got the call a couple hours later that someone was there with a Scotty Cameron putter! He raced down there and there was the thief caught red handed! He eventually broke down and admitted the rest of the stuff was at his house & the police recovered it all. He was cited for possession of stolen property since there is no proof he actually committed the burglary since like I said, you can’t make out any faces in our camera footage.
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Cali - could he be angling to be considered her partner or common-law to be able to get surviving spouse benefit from SS and perhaps also her other pension? When your back at the house, ruffle around to see if mail to them as a Mr & Mr. or tied to his name as her surname.
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Hi joann29 I’ve posted 2 updates, maybe you are seeing the oldest one first? My husband picked up a $14k cashiers check today. Don’t know if and when the termite repair will be done. Husband says MILs partner must be really stressed out because he looks terrible and has lost a lot of weight! That doesn’t surprise me because his meal ticket is gone and he has to fully support himself now. For someone with no rent or utilities, and no car insurance or homeowners insurance (those were prepaid in full for the year before MIL died) or car payment, I don’t know how $2000 a month isn’t enough for him to live off.
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Can't believe its been iver a month since last posting. Worried, please come back and update us.
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Have an unexpected update.....this morning my husband got a call from MILs partner saying there is a check for him in the amount of $14k ready for him to pick up! This comes totally out of the blue. My husband last spoke to him a week ago, regarding the termite damage he has failed to have repaired. This afternoon we went to my SIL’s house to go through a few boxes of MILs things that she had & she told us that she spoke to MILs partner over the weekend and he told her he sold MILs Dodge Challenger. That was a little upsetting. My SIL had wanted it for sentimental value. I have a feeling he was in panic mode between the police investigation and being in default of the terms of the trust agreement & that is why he sold the car. He did offer to sell it to my SIL but at blue book value. We all wish he had offered to sell it to her less the $14k he stole. But he didn’t offer and the thought never occurred to my SIL. My husband and BIL would have been OK with him doing that. So that’s that. I know this probably sounds terrible & I have no say in all of this but I honestly wish he had just given my SIL the car! Then it would still be in the family. My husband and BIL would have been OK with that too. It just makes me sad that it has been sold to a stranger.

I think MIL came to me in a dream last night too. It was a difficult week, emotionally. The kids & I took her some flowers on Tuesday but didn’t stay at the cemetery long. When I went to bed last night I had an overwhelming feeling of sadness. I ended up having a dream, I don’t know who’s house we were in because I didn’t recognize it or maybe I just don’t remember now but I think we were in a kitchen. My SIL was there and said something not very nice, I forget what she said but I remember agreeing with her but thinking it was terrible to say such a thing since MIL has passed. And then she was there in the kitchen with us and I don’t remember much but at one point she told me to cover over & give her a hug so I walked over and she picked me up off my feet and gave me a big hug! Which is funny because I am about 6” taller then she was, she was around 4’9” think. She weighed more than me until March of this year too. But she was pretty heavy-set in my dream. She had lost a lot of weight in 2017 and the final 3 months of her life she hardly ate so she was skin and bones at the end. But in my dream, she was nice & round. Maybe this is crazy but I think her appearance was her way of telling me she’s OK now & she’s not suffering anymore. She’s happy. I actually woke up feeling at peace and not sad anymore.
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Thanks for the update
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Hi all, have a small update on our situation with MILs partner! The police report is done & has been forwarded to the DA with a request for a warrant to be issued. I do not know what the charges will be IF the request is approved. My husband came home from work in a funk about a week ago and sound things didn’t sound too good with the DAs office. But he wouldn’t elaborate. Small claims court would be our only other option.

i called the medi-cal fraud line and reported him for IHSS fraud a second time. And reported the tax evasion to the IRS—he is once again working under the table as a courier delivering medication!

we may have to seek legal action against him if he doesn’t get the house treated for terminates and the damage they’ve already caused repaired. The trust agreement states that this one of the conditions of living there. He had told us right after MIL died that he was going to do and when my husband went to pick up the $20k cashiers check the 3rd week of June, he told my husband the pest control company was coming out the following day. He apparently scheduled all the work and was supposed to stay at my SILs house while the house was tented but either that was all another Big lie OR he cancelled the service. He hasn’t had the work done and he sold my SIL and my MILs brother who also lives at the house that he isn’t going to do it because he can’t afford it. I don’t know why that would be. He lives rent free. His income between IHSS, social security and a small pension are $2,000 a month. He is also working under the table for the courier service too. He’s been pocketing it all for 8 months now and used my MILs money to pay his expenses from nov-2017 until she died June 1st! My husband called him yesterday and gave him until August 30th to get it taken care of. So we will see what happens with that. If he doesn’t do it, we have to pay a lawyer and try have him removed from the home.
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