Prudential - I like the community's help with this one

by lakemen » Fri Feb 19, 2010 07:27 am
Posts: 1260
Joined: 18 May 2005

Hi All,

The following message has been mailed to our member Mr. Colbert -

Dear Mr. Colbert;

I was surfing for a resolution and came across your website. My name is Stacie. My three siblings are Steven (deceased), Sherry and Sharlee. My father was Charles, and mother Madeleine. I wanted to get the involved party’s names out first.

My parents were married in 1946. They divorced in 1964 and from that point on, only remained in contact for visitation and support issues. My mother remained quite bitter, enlisting every attempt to disgrace him in our eyes, etc...You know, the things that a parent should not do? Using the kids as pawns for their own indifferences? Yeah, that's me. Anyway, on to the reason for this letter.

My father passed away in 1980. He had a small life policy through his employer that was divided among the four children. I recall us three girls going to our mother's after taking his ashes out to sea. Even then, all she could say is what a "worthless SOB he was for not leaving better provisions for his children." He defaulted in the divorce proceedings so my mother received whatever it was she requested. I am presuming the property request included accepting liability for existing insurance policies. My mother would believe him incapable of maintaining responsibility for payment premiums. It appears that my presumption is correct.

My mother died in October, 2009. I was not informed until 3 weeks later as my eldest sister is a control freak. The neighbors who helped take care of my mother took upon themselves to literally help themselves to whatever they wanted including emptying her bank accounts before her body was cold. By the time I got to the house (27 miles away), it was almost completely empty. Sherry lives in New Mexico. Sharlee lives in Oregon. Neither was able to take over executive positions. The neighbor apparently removed my mother's telephone book and when asked to please call me, was told "she tried and I was in jail." So needless to say, most everything was missing. Some paperwork went to Sherry, although she doesn't send me copies. However, while emptying out what remained at the residence, I came upon some interesting documents. An envelope containing 4 check stubs from Prudential for payment of death benefits. The policy owner was my dad, Charles. Also included were 4 forms that relinquished any and all future claims by covenant with Prudential. Payment was authorized to be issued to my mother, Madeleine. Each check was for around $1,550 so with the added credits and interest, it appeared to be a $5,000 policy. Sherry confirmed that mom paid premiums on dad's policies after the divorce. I guess there were two. One listed my mother as the beneficiary and the other for us children. This was my first and only notification of the existence of the policy, probably because each of the 4 relinquishment forms had all our signatures on them. But not one was actually signed by any of us.

It appears that my father purchased two policies. Or perhaps my mother purchased them. Either way, he was the owner. Also included was a certified copy of his death certificate, dated February 20, 1980 - one month after his death. The release forms were dated March 21, 1980 for Steve; and March 29, 1980 for Sherry, Sharlee and me. The witness to my brother's signature is illegible. The witness to the other three signatures is "Ginger Dallas."

It all looks so neat and tidy, but looks are truly deceiving. On March 29, 1980, I was living in Garden Grove, Ca, and just so happened to be working at Yosemite Sam's Tavern. My sisters were both living in Granada Hills, Ca. My brother lived in Virginia from the time he was in the Marine Corps, until his death in 2002. I am certain it is not his signature. My sister Sherry says she recalls "mom bringing documents to the house when we were all there and we signed them." But Sherry sees my objection to the validity of this payment as an attack against my mother so she has decided it happened. My sister Sharlee has absolutely no recollection of the event and states that she "never would have signed over anyway." She says it appears to look like her signature, however. The discrepancy in mine is obvious. Ironically, the envelope also included stubs from social security cards for me that bear my signature at that time. Ginger Dallas was a friend of ours whom myself and Sharlee worked with 1975-1978. Thing is, ANY document she signed always bore her true name of "Virginia Dallas" Even gift cards. I don't see as it matters, but she was convicted of both Grand Theft and Forgery in 1982 & 1984. I am told she died of a heroin overdose many years ago but don't know for certain.

After making two attempts to address this matter via telephone, to which I was completely ignored, I contacted Prudential and wrote a lengthily detailed letter to the CEO John Stranglehold. I explained how each beneficiary lived elsewhere from my mother in L.A. I explained the obvious forgeries in each signature and how close examination would conclude it all written by the same hand - my mother. I described how the statute of limitations has not expired due to it being applicable from date of discovery. I enquired as to who requested the release forms and to whom they were mailed too? I expressed my demise at how easily they would surrender benefits to the woman he had been divorced from 16 yrs. prior. I expressed how the discovery of this event compelled me to surrender the life policy in my name my mother purchased when I was 16. And how even now, they make it simple to have my identity stolen.

When I called to cash in my policy, I had no information or policy number. They asked for my birth date and to where the statement billings were sent. I gave my mother’s P.O. Box number inaccurately saying "461." I was corrected by the representative and told it was in fact "614" I was asked for my new address. I was told I would receive a form to fill out and return. I assumed and elaborated that "I have to notarize it, right?" To which I was told that they had ascertained I was who I claimed. WOW! Then the document comes asking only for my SSN in addition to address, phone, etc...What thoroughly amazed me is there was even a section that asked me if there was another person who I chose to have the check written too and the name if applicable. Anyone who knew of the policy, my mom's address and my birth date could have cashed in that policy and covered their tracks by issuing it to a fictitious name. I believed their conduct to be inefficient in securing that the releases were individually mailed to each separate beneficiary. I requested payment of the policy on behalf of myself, sister Sharlee and deceased brother Steven. I requested interest annually accrued as I was denied what was rightfully mine in the first place. That would have come to total about 4X the original payout. However, considering their obvious defect in protecting identity as well the disappointment in my father for the past 30 years, and the total shock that my mother was enabled to so easily claim what was ours - I did not feel I was asking too much.

A few days later I received confirmation of the fax. It included an apology for my ordeal and advised me the matter had been forwarded to the proper department for follow up. I called the corporate office on January 22, 2010 to enquire the status of the investigation. I was told a letter had been mailed the previous day explaining their position. I asked for the agent and was directed to one Bonnie Freeman. She advised me that their investigation concluded that the claim was paid in good faith and that they had no inclination to believe the releases were forged. I then enquired as to how the release forms were processed. I asked her if I was merely making the payments on the policy, not owner nor beneficiary, would she send me 4 relinquishment forms. Or did they perhaps conclude that all 4 beneficiaries that were then adults ages 32, 30, 27, & 24 still lived at home with "mommie?" Or that if address changes were ever made as to the beneficiaries, did they confirm that my dad had even requested them. Did they even have his accurate address? She advised me to disregard the letter sent the previous day and she intended to investigate who requested the forms and where they were mailed. I called her back and requested she provide me with a copy of their file as legal right defaulted to me upon my father's death.

On January 29, 2010, Bonnie Freeman called to advise me that Prudential was standing on their original statement that they paid in good faith. That their company was just as much of a victim as me and I should attach my mother's estate for the money. She also said that I was not entitled to information in the file, unless accompanied by court subpoena. When I questioned the very reason she wanted to further investigate, being negligence in the release forms, she said that she was unable to obtain that information. That the only information she had to go on was what I faxed their CEO. That included the four payment stubs, 4 releases, both parent’s death certificates and their divorce decree. She apologized and I could detect her compassion. All of the sudden they cannot find the policy. They can, however, locate all the other ones that paid at that time. I can't help believing that Bonnie Freeman and you share a burden of "turning the cheek and looking the other way." She insisted on making it quite clear to me that the conversations were recorded in case of future reference. I received her letter a couple days ago that apologized for denying the claim. Ironically she devoted an entire paragraph to the fact that Prudential cannot locate the file. Therefore I presume they are relying on my bearing the "burden of proof" if legal action is commenced.

I can thank my control freak sister in the long run. Where I know my mother signed all the names, she insists she signed off hers. Ironically, she cannot provide me with who signed my name though. In the long run, I believe that the forgery is not the issue here. If it so becomes, it occurred at the direct cause of Prudential. They were negligent in numerous ways which I am certain is why the mysterious disappearance of the file. But my sister swears Mom brought the document and presented it to her. Pretty much confirms who they were sent too don't you agree?

I believe that Prudential should be compelled to answer to their negligent acts. Along with my fear of continuing my life policy with them as they so easily cashed it in. It was paid in full through 2035 and $10,000 death benefits for my children. But I felt it unsafe to rely on their ability to secure my protection from ID theft. So I cashed it in, receiving 1/2 that amount and paid taxes on half of that! Not to mention hearing over and over again in my head what a "worthless SOB my father was, as my mother stated." Thirty years later I realize my grief had no basis. I also believe that my sister and I are entitled to what our father meant for us to have. And I believe Prudential should be held accountable for their negligent ignorance of proper procedure and compliance within the applicable laws to accurately proceed in paying the claim.

Which is why I am now asking for any assistance you can provide. I live in Anaheim, Ca. North Orange County. Finding a personal injury attorney that I am secure with is difficult. For some reason, I believe I can trust any referral from you because I know you desire to help people. I need council that works on contingency basis as I am unable to pay a fee. Perhaps if we could locate my mother’s safe deposit box, we could find the coin collection she accumulated over 50 years, 30 of which she was employed by B of A. I believe it contain her will as well. Perhaps it was she who mysteriously dropped the intact information through the backyard stairs. It seems apparent it was meant to be found. Perhaps because it belongs to the one who found it.

Thank you for your time and I apologize for the length of this letter. I wanted you to have all the details so you could view from my point of perception. Please get back to me as soon as possible as I am anxious to proceed in a timely manner. I have provided you with all the necessary contact information and also have whatever documentation you should desire to examine.


Sincerely;
Stacie



Your views and suggestions in this regard would be truly appreciated!

Regards,

Lakemen

Total Comments: 11

Posted: Wed Feb 24, 2010 12:24 am Post Subject: reply to mark

No, I am not certain where my older sister is concerned. But not regarding this issuue. I am positive that my mother requested, completed and submitted the forms. My only dilemma is that my mother had ulterior motives and invested the money somewhere. She worked for BofA for 30 years. In 1981 she sued them for increasing her workload in hopes she would retire. She received her regular pay plus workmans comp for the year and a half of litigation. After the atty fees and medical reimbursments, she netted $101,000. She did not drink, gamble or go anywhere that required spending money. I know she invested $80,000 in cd's. She had a coin collection consisting of over 1,000 mint silver certificates ($1 & $5) dating back to the fifties. United States Notes ($2). sealed rolls of minted, proofs, and uncirculated coins, and everything under the sun. Her best friend of many years got her started in the fifties when he worked as a coin setter for the Treasury Dept. I know when he died, he left her his collection which was enormous. She was very meticulous Mark. She saved compulsively. Her 401K was only depositing $320 per mo. Her social security was about $2200 mo. Her rent was only $320 per mo as it was the house my grandfather built and cal trans bought it in 76 allowing her to remain. I did not learn of her death until 3 wks after the fact. My eldest sister lives in New Mexico. The other in Oregon. The one in NM claimed she could not find me. As no one from the family was there, the neighbors had a field day looting her things. When my mother asked them to call me, she was told they tried and I was in prison. My mother NEVER lost her mind. She was sharp as a whip till the day she died. I have no doubt of that. The NM sister insisted I stay away as I would be arrested for tresspassing. She didn't want me there for some reason. I googled my name and found myself instantly. She refers to me as a greedy b---h and continues to insult my intelligence by contradict herself often. So far there is no will. I do not believe that. My mother would not have left a mess to be cleaned up. But I can see her making sure no assets went to probate. She had immaculent credit as well death coverage to pay off her accounts. I have checked bofa, chase and wells fargo for the box. No luck. The key to it was on her key ring that went to NM. If she had emptied it, she wouuld have returned the key. NM has forwarded all her mail to her. Did not consider the issue of "do not forward" items that may be coming. I need to do a trw on her to learn all her creditors. It could link to the whereabouts of her will and safe deposit box. Problem is, she had a chastity belt on access to doing that. NM claims she has no statements or anything of interest coming to her which I do not beleive. She is furious she cannot claim the executor position solely. My Oregon sister is 100% behind whatever I do and will authorize me to act on her behalf. NM says she signed the release. I KNOW she did not as the r's are distinctive to my mother. She is as bitter towards my father as my mother was and claims my mother deserved it as she paid the premium. But in claiming she did, she has subjected herself to testify that mother produced the document to her. Should I go to court and be appointed sole executor? can I contact TRW and provide death certtificate to obtain report? I calculated 3/4 of the policy at 5% annuual interest (me. oregon, deceased bro) for 30 yrs totaling about $22,000. I KNOW I can prove Pru's neglegence and intentional tort where the file disappearance is concerned. There is recorded conversation confirming when the policy was purchased and bits that could only come from it, I was told I was not able to receive copies without court order. Later when the proof come to light, they conceal what they can not dispute and say they can't find it. My mother KNEW my investigating and legal skills. Perhaps she knew I would be the one who could turn the little amount into a much larger payment. Why else wou someone with her financial intelligence keep the evidence? Slipped through the stirs where someone like me would look. I know there is a reason Mark. For finding the documents, contacting Pru and getting them to incriminate themselves and most of all, typing in a question on google where YOU pop up on my screen. I admire and respect you for what you do and feel I can completely trust you with any information you request. I am very perceptive and strong willed. Please stick with me here. I wish we could discuss this either by phone or in person because there is so much more that I wan't you to kmow. Is that possible?

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