April 9, 2009
An alarming new trend in forgery is emerging. And the reason why “phony-ficiary†works is that the victim is dead before the crime is discovered. The grieving spouses and children, however, are left behind fighting over who is entitled to what. Some of the most devastating types of forgery happen to smart, forward thinking people who go to their graves believing they have handled their last wishes in a proper and legal way. Document examiners cite three common after-death forgeries and what you can do to protect yourself and your loved ones, before it is too late.
(1) The International School of Forensic Document Examination recommends a last will and testament be read on videotape and witnessed by an objective attorney. This format is far more difficult to alter than a signature or initials on a paper document.
(2) “Phony-ficiary†is a term coined for the crime of changing the beneficiary on a financial document such as a 401K, retirement plan, bank account, or life insurance policy with the sole intent of defrauding the rightful heirs of the money which was in held in that account. Usually, this type of fraud is committed before the account holder has died, but discovered only after the account holder has passed away, leaving the courts and lawyers to sort out the deception.
(3) A common scenario is when the last caregiver feels “owed something†and illegally changes the last will and testament, or actually forces the sick and dying victim to sign paperwork on his/her deathbed. The new will usually gives the entire estate to the caregiver and cuts out the rightful heirs completely. It is not surprising to see the bereaved families unable to defend the situation because witnesses are being paid off and notaries are nowhere to be found.
When the validity of a person’s final documents are suspect, anyone can hire a court-qualified forensic document examiner to help determine which is the authentic version of a will, retirement plan or estate plan. You don’t have to hire a lawyer or even become involved in the probate proceedings. A skilled document examiner can even compare a suicide note to known handwriting samples to reveal if indeed it was an authentic suicide note, or a forgery to cover up a murder.
Another option to protect yourself against “phony-ficiary†is to obtain multiple, unrelated notarized witnesses, particularly ones who are not part of the law firm with a vested interest in the will or any family ties.
Annually, request a full copy of all beneficiary forms and any changes to the policy for every financial account you own; 401K retirement fund, bank accounts, insurance policies, etc. Most criminals make these changes within one year of the person’s death, so do it as soon other people realize your clock is ticking.
HandwritingServicesInternational.com lists some of the nation’s recommended handwriting experts all across the USA, many of whom will provide a forensic analysis for less than $295.
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Filed under Elder care, Elderly care, Geriatric care, long term care