Options for fraud lawsuit against former daughter-in-law in Texas over aunt's estate and benefits.

Question

I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death certificate, donating her body to science without consent, changing her JC Penney death benefits as the POA, and accessing a safety deposit box. I believe she may still be collecting my aunt's social security. I possess documents showing my rightful claim as an heir to the benefits and the death certificate discrepancies. The police have not taken action, and I am awaiting the Texas Funeral Services Commission's investigation results. Also, there have been probate issues, with claims of a new will, and with legal counsel challenges. What options do I have for pursuing a fraud lawsuit, and how would compensation or punitive damages be determined in this context?

John Michael Frick · Answer

You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc.  Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount.  The JC Penney death benefits ought to have a monetary value attached.  If you were named as the beneficiary, then the D-I-L changed that to herself using a fraudulent POA, whatever that amount of those death benefits were could be your damages.  You may be entitled to exemplary damages with a cap of $200,000 or two times your actual damages, whichever is greater.

James L. Arrasmith · Answer

Your situation highlights several serious legal issues that warrant immediate attention. Given the multiple allegations of fraud, including misrepresentation on official documents and potential social security fraud, you have grounds to pursue both civil and criminal remedies in Texas. 
 
You should consider filing a civil lawsuit for fraud in the appropriate Texas district court, focusing on the specific fraudulent acts: the altered death certificate, unauthorized body donation, misappropriated death benefits, and unauthorized safety deposit box access. Your documented evidence of heir status and death certificate discrepancies will be crucial in establishing your case. Additionally, you might want to report the potential social security fraud directly to the Social Security Administration's Office of the Inspector General, as they handle benefit fraud investigations independently of local law enforcement. 
 
The determination of damages would likely include actual damages (the monetary value of lost benefits and estate assets), plus potential punitive damages if you can prove malicious intent. Texas law allows for punitive damages up to twice the amount of economic damages plus up to $750,000 in non-economic damages. While waiting for the Texas Funeral Services Commission's findings, you might benefit from filing a complaint with the Texas Attorney General's Consumer Protection Division, as they can sometimes intervene in cases of estate fraud. You should also consider seeking a temporary restraining order to prevent any further estate assets from being moved or altered while your case proceeds.

Q: Options for fraud lawsuit against former daughter-in-law in Texas over aunt's estate and benefits.