[Kamm]

My question involves criminal law for the state of: New York

Hi. Honestly, I don't know where to begin and it is a bit confusing... I apologize before I even begin.

My ex-husband recently passed away in October. He didn't even make 50 years old. When we were happily married two decades ago, we had two children together.

I have found out from my ex-in-laws that his new wife (he re-married in 2004) is due to collect a $70,000 death benefit from his old employer. The problem is that the new wife is a fraud and a theif and we think my two children should get this money - not her! She had in the recent past (my ex-husband was in on it, too) opened up a credit card account in my ex-mother-in-law's name and had forged checks signing either my mother-in-law or father-in-law's name (I'm not sure which). She and my ex-husband used the credit card and put thousands of dollars on it. When my in-laws found out that this card existed, it was because the bill was not being paid. Long story short, my ex-father-in-law wound up paying the thousands of dollars to end the fiasco, even though his oldest daughter told him to call the police and have them arrested!

Another note about my ex-husband - he was a substance abuser for years. Right before he passed away, he filled a prescription for sleeping pills (Ambien) using his FATHER'S insurance - fraud, again!

My ex-husband was on social security disability because of a mental illness. A check came to him every month, however, because his disability was mental, the checks had to be in two different names - he could not sign by himself. Before he re-married, the checks came in his name and his mother's name. When he re-married, the checks then came in his name and his wife's name. Now, I think this is a very important piece to what I am trying to get at...

When my ex re-married in 2004, apparently his beneficiary form for any benefits from his old employer was changed from our two children's names to his new wife's name. An attorney that I know suggested I write (on my children's behalf) to the old employer and ask for a copy of the latest beneficiary form. This would be to see if the signature is actually that of my ex-husband. - or, perhaps, the new wife could have signed it herself. In the first case, if my ex-husband did sign the form, can it be argued that he had a mental disability and could not sign that form himself?

I did write to the old employer, and have found out that my children are not the beneficiary - the new wife is. They will not, however, send me a copy of the current beneficiary form as it is against their practice. I explained the situation to them and they gave me their legal division's fax number. They suggested I get an attorney and have the attorney write to them directly.

I cannot afford to pay an attorney and I am a very busy mother of four (I also have two step-children from my new marriage). I would like to know if anyone thinks if this is worth pursuing? If so, I would probably seek an attorney who would take the case on the basis that if we win they get a cut of the money (no fee unless successful). But if nobody here thinks I have a shot at getting that $70,000 for my children, then I really don't have the time to invest. (My ex-sister-in-law says that she'll give me proof of the fraudulent credit card and forged checks, and I have my ex-father-in-law's Medicare statement showing the prescription that was filled that was not his...)

Any and all comments are welcome. Thank you so much for your time and I hope all this makes sense!

- Kamm

[Mr. Knowitall]

We have no way of obtaining any documentation or verifying anything about this case, so we can't give you the type of assurance you want.