Annuitant is killed in accident in 2003.

For whatever reason checks keep coming. Widow endorses with deceased name and cashes. There is no doubt this is a forgery. But does widow have a colorable claim to annuity checks that would make this civil rather than criminal?

The simple answer is --- depends.

I assume that you have been referred the case by the life insurance company / annuity payor. A review of the terms and conditions of the annuity will indicate to you whether the payments were to be made only so long as the annuity payee was alive, or whether benefits were to continue to his spouse and/or heirs.

Even assuming the payments were to stop--has someone taken a statement from the wife as to her explanation for continuing to endorse and deposit the checks. There are a whole lot of persons, I suspect, that would continue depositing checks without the requisite mens rea to commit theft or any other offense.

As far as a forgery goes -- was there ever an estate opened for the deceased and if so, was the wife appointed executrix/administratrix to handle the affairs of the estate? Is the estate still open? Were letters testamentary ever issued giving the wife legal authority to handle the husband's affairs after his death?

I think, absent some clear proof that the wife knew she was not entitled to the funds, you have a civil proceeding between the annuity payor and the wife.

There is a type of annuity that pays for a period certain and life thereafter (eg 10 years certain and life) or only for a period certain( eg 10 years certain). That type of annuity pays regardless of whether the annuitant is alive or not during the certain period).

Hope this helps.

p.s. There is another type of survivorship annuity in which the annuity is paid either in full or in part so long as one or both parties is alive. I don't think this one is limited by a specified term of years.

[This message was edited by Gretchen on 11-27-07 at .]

This thread reminds me of those TCDRS brochures we get each year that say I might get some money if I don't die before working for 27 1/3 more years . . .