My question involves criminal law for the state of: Florida.
I apologize in advance for the length of this post. I want to include as many details as possible.
An annuity was set up in my husband's name by his grandfather in 1993. My husband was 13 at the time. His mother and husband (at the time) transferred it to another company in 1998 and kept it in my husband's name. The company that it was transferred to was based in Canada, but has an American office in New York. Once my husband turned 16 (according to this company) he was the only person who could legally withdraw money from this account.
My husband was told of this account in 2001 and subsequently withdrew the balance and closed it. Shortly after this occurred, his mother told him that she owed him $30,000 from this account and would pay him back when her mother passed away and she inherited from the estate. My husband wasn't told how his mother took the money from the account and trusted her to make it right. She acknowledged that the money went to purchase a 30' sailboat and a Lotus Elan with her 3rd husband. His mother divorced and re-married (into LOADS of money) in 2004. My husband and I married in 2006 and she told both of us on numerous occasions that she knew she owed him $30,000 and would pay it upon her mother's death.
Her mother passed away in April 2009 and she has since received roughly $100,000 from the estate. When approached by my husband to repay the $30,000 she acknowledged owing him, she suddenly developed amnesia and called him a liar. My husband called the bank that held the annuity in December 2009 and had them send a copy of all withdrawls from the account. We received the forms right after Christmas. His mother forged his signature (after he was 16) and had the checks cut in HER name and to HER address. We called the bank and notified them that the signatures were forged and asked what we needed to do. Their recommendation was that we send them a certified letter stating that. We asked our family attorney to draft the letter and send it.
What are our chances of recovering this money? Can she still be charged for fraud? We had NO clue that she forged his signature until just a couple weeks ago.
Thanks in advance!