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Q: Potential forgery of power of attorney related to insurance and property.

I suspect someone may have forged power of attorney paperwork on my behalf related to my late aunt, who had custody of my son during my incarceration. We discussed an insurance policy, and I was informed afterward by another aunt that there was no insurance payout, which seems false. I have proof that the funds did arrive. Additionally, a house that was left to us is now occupied by that aunt's son. How can I verify if there was forgery and understand what happened to the insurance money and house?

3 Lawyer Answers

A: You are not alone. I get at least four of these types of cases each year. There are a lot of ways to get the information you seek. However, the Insurance Co., info would be the hardest to get, unless you were a named insured person on the policy.

An attorney can get the information you seek, but there is a cost. If my office were to take your property case, part of our research would be on any claims, or insurance issues on the property, as a matter of course.

The other way is to hire an attorney to do the research for you.

You need to get busy with the research ASAP as there are short time limits on property cases and forgery.

I hope this helps.

I would simply need the address of the property, to get started.

A: You can either hire a private investigator or attempt to do the legwork yourself. With respect to the house, there should be deed records, tax, records, and possibly probate records which you can obtain. If you were named as the beneficiary of an insurance policy, the insurance company will likely provide records to you if they still have them. You will want to interview everyone involved and follow any leads they give you.

James L. Arrasmith
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Answered

A: If you believe someone forged a power of attorney and used it to control insurance money or property meant for you, you need to take swift action. Start by requesting a copy of the power of attorney document that was allegedly executed on your behalf. If your signature appears on it and you never signed or authorized it, you should report this to law enforcement for potential forgery and fraud.

Next, request records from the insurance company directly—file a written request asking for all documents, communications, and beneficiary payout details related to the policy. Since you mentioned having proof the funds arrived, gather any bank statements, correspondence, or confirmations that show where the money went. If the house was supposed to be left to you, review the deed and probate documents filed with the local county to determine who took title.

You may need to petition the probate court for a copy of the estate file and challenge any irregularities, especially if your name was removed or altered. If your aunt’s son is occupying the house, and there was no lawful transfer, you may also have a claim for wrongful possession or quiet title. It’s important to document everything in writing and create a timeline of events. Misuse of a forged power of attorney can result in civil and criminal penalties. The sooner you begin investigating, the more effectively you can preserve your rights.

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