husband forged wife's signature on 401k

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The marriage is "irretrievably broken," Reich said in a July 10 petition suing for divorce. A valid joint return requires your signature even if your husband files the return electronically. Those states are: Alaska and Tennessee are considered "opt-in states.". That's fraud. Agency Report. only when the irs contacted me did i find out about the 1099. the year the taxes were done, he faxed me the last page of the returns for my signature, which of course I signed but never . Claiming false deductions is fraud. The husband in a Florida divorce action versus Brevard County forged his wife's name on a home equity line of credit (HELOC) to cover his obligation to invest $100,000.00 in a start up bank, where he sat on the board of directors. The couple married May 30, 2009, in Winter Park, and she is one of the most highprofile figures in Central Florida media. The court said the wife never objected to his forging. Mr. Coggin signed Ms. Coggin's signatures on the 2002 through 2007 joint tax returns without her knowledge or consent. Sugalski and her ex-husband, Reich, bought their house in 2019. You don't pay taxes on the money until you remove it from the plan, and you usually don't have to have your spouse's permission to cash it out. Part of the loan application is a spousal waiver that must be signed and notarized before a loan request will be granted. The holding was based on the fact that the wife never objected to his forging and didn't file separate returns other than separate amended returns filed many years after the return due dates. If her husband did it, she might want to take further action to protect herself and her assets. She is also seeking spousal support from her husband, permanent spousal support. She signed my name and had it notorized or misrepresented our marriage. (ii) If the state retains dower or curtesy rights (rights in estate of husband/wife), both husband and wife must execute documents (mortgage, rescission and TIL). When you get divorced you may have to sell your home. This is often the case when a spouse is arrested for criminal activity, such as white collar crimes or sexual offenses. read more The wife may sue the husband. Permalink Submitted by alan-oniras@yah. This is considered grand larceny which is a felony. If he dies during your marriage, you will be a widow entitled to 100% of his benefits, if those exceed your own. All too often, the breakdown of a marriage occurs because of behavior by one spouse that the other spouse deems as unacceptable. The waiver MUST be in writing. Each party may use community income and assets during the marriage as long as they are for the benefit of the community. "No longer will one member of a married couple be able to sign away survivor benefits for the. If your husband forges your signature on a loan document, you should call the police. 1."I'm a lawyer but have had a very limited amount of experience in divorce cases. The point of this listing is that it can never be changed. So that is an issue separate and apart from the insurance policy. 2d 388 (Fla. 2007). Your lawyer will communicate with the plan administrator regarding specific plan requirements for the acceptance of QDROs. Tracy recounts a situation in which a husband, who worked at a bank, forged his wife's signature on paperwork for a home equity line of credit. A 63-year-old Connecticut woman allegedly convinced her husband he had Alzheimer's as part of a decades-long scheme to steal his money. However, if you are the legal guardian of your spouse, you may sign on her behalf. My wife withdrew her TSP funds without my consent! While spouses are sometimes listed in this . We live in a community property state which requires the spouse to sign the distribution form. 16 January 2018. If you want to name a beneficiary who is someone other than your spouse, your spouse must sign a waiver. Spousal Consent A number of 401 (k) plan providers require an employee's spouse to acknowledge their partner's request for a loan. Contact 949-432-7927 website Answered on Jun 14th, 2011 at 9:28 AM If the actions are done during the marriage, the wife would own 50% of the community asset purchased from the 401K funds. 1) Speak with your spouse, and ask how he was able to remove all of the retirement assets without your signature? A prenuptial agreement can't take the place of a waiver; the law says the spouse (not soon-to-be-spouse) must sign. The wife later learned of the HELOC when the lender called threatening to foreclose on the home due to non-payment. . Usually a spouse doesn't have any right to claim the life insurance money if someone else is named as beneficiary except in a community property state. She forged my signature and cashed it at the bank. However, "What started out as a garden-variety lawsuit morphed into a conspiracy investigation when (the Couple) received BMW's productions. My ex-husband signed my name to a home equity loan during our two-year divorce proceedings, arranging for two separate balloon payments that equal $45,000. Consider offering your spouse other assets if you don't want to hand over half of your pension. Assets can be seized and sold to repay stolen money, and often are in high-value forgeries. However, it turned out that the husband had forged his wife's signature. Brit Chris Dawson was stunned when his wife Eva told him she was four months 2011-2015, it stated $3,000. My ex-wife got a $60,000 tax refund check in both of our names. A district court has held that, where a husband forged his wife's signature on their joint federal tax returns, the returns were still valid joint returns. The TSP will prosecute any participant who . (The Couple) also allege that (wife's) signature was forged on the personal credit application. 401(k) and IRA Plans and Divorce in Texas. In Ahmed v Kendrick (1988) 56 P&CR 120 a husband and wife appeared to have executed a conveyance of a house. If your spouse filed as married filing separately, he might also have claimed you as a dependent. Those plans can cause some stress, though, if a couple ends up divorcing. i was recently contacted by the irs stating that we owe taxes on returns from a 1099 for that year. While a 401 (k) provides protections for a surviving spouse, an IRA does not. Defer salary, delay signing new contracts and/or hold commissions or bonuses. Spouses can decide to opt-in and participate in the state's community-property laws. If your marriage lasted for less than 10 years, you would revert to your own benefits. Therefore, the loan company can most likely collect from either you or your ex spouse regardless of who signed the papers, unless the debt was already apportioned to you or your spouse in your divorce. . Reich claims that he nets a little under $100,000 a year. If your spouse refuses to sign the form, you cannot set up the IRA unless you plan to name your spouse as the. His statements go to a po box that he opened without telling me. Another husband filed a joint tax return and forged his estranged wife's signature, and received her $1,200. on Tue, 2011-04-12 17:09. For example, you might be separated from your spouse - not divorced - and want to name a new beneficiary. She also claims that her husband attempted to take out a loan in her name. In most states, notaries public generally are not prohibited from notarizing the signatures of not-so-immediate family members such as aunts, uncles, nieces, nephews, and cousins. If he did claim you as a dependent, you need to print your return and file by mail. New House. A heartless husband forged his cancer-stricken wife's signature on divorce papers while she lay 'seriously ill' in a hospital bed.. Nicky Mark Jones, 44, applied for the divorce while his partner . However, under limited circumstances, you may withdraw from SBP or change your coverage. If you have an arbitration clause, you will likely need a securities attorney well-versed in FINRA matters. Additionally, if a tax return results in a refund check, the refund should be issued in the name of both filers, requiring the signature of both filers before a bank will cash the check. (The Couple) allege that (husband's) signature was forged on the business and personal credit applications. One-year Window Between 2nd and 3rd Anniversary Following First Receipt of Retired Pay. My husband's mother passed away and left them a small lake lot. Your 401k plan administrator and the broker/dealer handling the account should be held accountable for this. In this unusual bankruptcy fraud case, an Indiana woman stole her husband's identitywhile the couple was still marriedand began to loot his 401(k) retirement fund and other assets. Q. If the taxpayer is competent but otherwise unable to fully write his name, the IRS will accept a mark on the return that indicates the taxpayer's intent to sign the return. However, "What started out as a garden-variety lawsuit morphed into a conspiracy investigation when (the Couple) received BMW's productions. The penalties for forgery can range from mild penalties like requiring the convicted person to repay the ill-begotten funds, a penalty known as restitution, to the severe like prolonged jail sentences. She says . He filed an extension for this year. Whether or not you are eligible to receive a survivor's pension depends on each of these factors: Whether you signed a written statement giving up or waiving . Lower value forgeries will often require restitution . A homeowner has learned that her husband refinanced their home by forging her name on a quit claim deed. 2) Where is the money? There is about $250k that I've found so far. For example, taxpayers are allowed to sign their returns by making an "X" on them. My own husband forged my name on a $50,000 loan. ABC Learning co-founder Le Neve Groves says her former husband Eddy Groves bullied her and refused to let her discuss financial matters unsupervised as their company neared collapse. Therefore, former husband has raised a claim of extrinsic fraud. If the mortgage broker forged her signature, she should report the fraud. She is also well paid, and Reich seeks temporary spousal support. 1."I'm a lawyer but have had a very limited amount of experience in divorce cases. The spouses of CSRS employees/retirees have significantly less in the way of rights. It's critical that you meet with a divorce attorney to understand your rights and ensure that you get the money that's due . When my ex presented his statement 401 K dated. (The Couple) allege that (husband's) signature was forged on the business and personal credit applications. Congratulations; in any halfway honest court system you are going to take your soon-to-be-ex to the cleaners. It is the responsibility of the mortgage broker to get the approval of each person on the title to the house. Joined: 6/8/2012 (UTC) Posts: 26. If you have your account documents, review them carefully to see what and where your remedies may be. Rights of Surviving Spouses. Probably, yeah.It is legal for him to do so? I'm scared of filing for divorce because 5 years ago we bought a house with his mother help because my husband's credit . He can only legally claim you as a dependent if you lived together all of 2016 and you had less than $4050 of your own income. Tracy recounts a situation in which a husband, who worked at a bank, forged his wife's signature on paperwork for a home equity line of credit. This . You may allow your ex to retain ownership of a mortgage-free home that . If the policy was forged then it will be challenged by the insurance company and they will ask that it be voided. Published. However, there are no such requirements for direct deposits. Notary is NOT required. The . The former attorney of Carole Baskin 's long-missing second husband Don Lewis said he believes his client's signature was forged on two documents that effectively surrendered his fortune to the . 3) Did he roll it over to another retirement account, invest it, spend it, etc., If he provides a satisfactory response, hopefully, that will end the matter. My ex-husband signed my name to a home equity loan during our two-year divorce proceedings, arranging for two separate balloon payments that equal $45,000. Can I notarize documents for my not-so-immediate family members, such as my first cousin? Depending on how the home was owned each spouse should receive a fair share of the home sale profits. at 379; see also Parker, 950 So. It is known under the law as an "insurable interest . The behavior or activity that is taking place may be behavior of which the other spouse was unaware. i suspect my ex husband forged my name on 401K distribution documents in 2009 to take an early distribution. A woman's sibling posed as her spouse to help her steal thousands of dollars from her (actual) husband's 401k. Reply. The only legal way that he can sign the return for you is by filing Form . Constructed in 1995, the residential property is classified as a single-family house. Can a wife steal a husband's car under british law?