Possible Forgery and Theft of an Insurance Check Written Out to a Husband and Wife

[scoo]

My question involves insurance law for the state of: PA
Is it legal for a wife to sign both names on a check issued to a husband and wife (approx 25k), deposit the check into a joint account, then immediately withdraw the money and close that joint account?
Thank you in advance for your response.

[KeyWestDan]

No, it is NOT legal. It is forgery, a felony crime. It is also theft by fraud, another felony. Go to the police. If they give you any crap, go right to the State Attorney or DA in your county. They usually have check squads that understand this stuff better than the cops.

Obviously the marriage is secondary if she did this. She better give you half of that check or she better be prepared to go to jail and spend it on bail and attorney fees.

[Mr. Knowitall]

This is without the husband's permission? In the context of what? A divorce? Are you asking about something that has happened, or something you're planning to do? (If it's the latter, I suggest that you reconsider your plan.)

[KeyWestDan]

When a settlement check is issued by an insurance company and the party has an attorney, the check is made out to the attorney and the party. The attorney can not endorse it for the party without the party signing a notarized statement giving the attorney permission to cash the check.

A check made out to two people, married or not, has to be endorsed by both parties. If one party signs the other's name, that is forgery. It is a criminal offense. Plain and simple. There is no argument, there is no discussion. It is a felony.

[Bubba Jimmy]

No, signing the name of another person to an instrument such as a check is forgery in PA. I'm not aware of anything in PA law that allows a spouse to do this unless they have power of attorney giving them such authority.