I need your advice and opinions please

[Tiggerlover91]

Short of the story:

My father passed away 3 years ago and left his girlfriend beneficiary. She had some savings bonds that were mine that I have been trying to get. The Father woke me up out of a sleep one night and told me to contact her to get them. Now remember, I haven't spoken to this woman in 3 years since my father's death. It was very hard for me as I don't like confrontation, but I did what the Father told me.
So anyway, she promised back in early November of last year to send them...nothing. She then later said she would send them once again the second week of Nov...and nothing again. First of all, she was going to send them certified so I would have received something in my box letting me know. Finally I called her December 1st and she promised to get them off once again as she got them back before because she sent them to the wrong address...AGAIN NOTHING!!!
It is now Feb and I have nothing. Just so you know, she "conveniently" lost my neice's savings bonds also. So do you see what's going on here?? I have no idea about bonds, I don't know if there are names on them. If my name wasn't on them, then how easy is it for her to cash them in?
So how did I handle this, I sent her a letter letting her know I don't appreciate her dishonesty and I would be taking her to court for what is rightfully mine. It's not about the money the bonds would have brought me, it's about dishonesty. The letter was to the point and very clear. So what happens, she called me tonight, twice, and I DID NOT answer the phone. I really am done talking with her. She had plenty of opportunity to call me BEFORE I sent the letter, but she didn't. I just don't understand why it took the letter to get her attention. Also, when she called, she left no message on my voice mail????
So what do you guys think? I really don't believe I over reacted at all. As a matter of fact, before I sent the letter, I prayed over it and thought about it for well over a month. I was directed to send it and I did. It's just wrong! She's been lying to me the whole time and I'm over it! Have I got the court stuff in motion, no, but will I take her to court if I have to, I will. Just at this moment, I'm letting the Father direct me and leaving it at that.
Just want to hear what my DIS friends think.

Thanks,
Denise

 

[Serena]

My advice, stop being emotional. Just do what you have to do and be done with her. See a lawyer, find out what your options are, and go from there.


{{{{hugs}}}}

and I'm sorry about your dad.

 

[Tiggerlover91]

Originally posted by Serena
My advice, stop being emotional. Just do what you have to do and be done with her. See a lawyer, find out what your options are, and go from there.


{{{{hugs}}}}

and I'm sorry about your dad.

Thank you on all accounts. I will keep your ideas in mind

 

[Serena]

goodluck

 

[Mari annie]

Hi

First I want to say sorry about your dad, that's enough for you to have to go through.

I went through something similar, only it was property.

Don't waste anymore of your time. Your giving yourself undue frustration.

Contact the Bar Association in your area for contact(s) get in touch with a family lawyer.

Unfortunately, some people just don't understand the legal system.
Who knows...
A letter itself from an lawyer might just get her nervous enough to mail you what you are entitled to.

Good luck.
Have faith in the system.

PS If the bonds have her name on them, as well as the beneficiary, she can cash them legally.

I hope this helps and things work out for you.
Take care.

 

[browneyes]

Denise, don't feel guilty for demanding what is rightfully yours. I think you did the right thing in not answering her phone calls. You've been pretty lenient with her thus far.

 

[SugarBear]

I have a feeling they're long gone.

 

[wovenwonder]

Good Luck Denise -- I hope it all works out for you. Hopefully you can soon put this all behind you.

 

[Toby'sFriend]

I'm confused when you say the Bonds are yours? What type of Bonds are these - US Savings Bonds?

It depends how the bonds were held. If they were held Jointly with rights of Survivorship, and your name was on them along with your Dad's, then you would have full rights to the money.

However, if it was simply a joint asset, then she as his beneficiary would retain rights to his half of the money. Was she also the Executor of the Estate? I imagine it would be fairly simple for her to cash the money and take it, although legally any bank would have to get your signature also.

If the bonds were simply in his name and he had promised them to you -- then you are probably out of luck unless you have something in writing (a Will) which passes custody to you.

Regardless, legal advice would be advisable. I'm not a lawyer, nor do I play one on TV.

Good Luck.

 

[Tiggerlover91]

Toby'sFriend~~~I'm speaking of US Savings Bonds. These bonds were purchased for me by my mother and father back when I was little. I will NEVER forget that. Mom explained to me that when I was much older I would be able to cash them in if I needed to, so they were mine.
So they do have a name on them, then I want to know how she cashed them??!!
I appreciate all your info, thank you.

I need you to understand Toby'sFriend, that SHE is the one that has been promising to mail these bonds to me. SHE is the one that tried to send them to me back in 2002 certified, but DH and I moved so she got them back. If she spent them and cashed them in, why even bother to let me know about them??? Do you see my point? Believe me, a very special friend told me that if she didn't have anything to lose, she would have never made those phone calls last night. She could have called me a long time ago to see if I ever received them, she didn't, so that's how I know, she's been dishonest about it. Anyway, I'm finished with it, with her. I will talk to a family lawyer after DH and I get our income tax refund and see what it is we need to do.
Thanks again Toby'sFriend for your info.

Denise

 

[Toby'sFriend]

ok, yes US Savings Bonds do have a name and address listed on them. Generally the name and address of the Owner is listed as well as his/her social security number. The name of a Co-Owner or beneficiary is also printed on the front and as far as I'm aware a bank or credit union would require their signature for redemption. So if your name is on the bond as the Co-Owner/beneficiary, then she shouldn't have been able to redeem the bonds.

Now this is the problem. It is very common for Parents to buy these bonds "for their children" but list themselves as owner and their spouse or the child's other parent as co-owner even if the bond is meant for the child. It doesn't sound as if you have seen the bonds themselves, or that you don't remember seeing the face of the bonds to recall which names are on the front. If your Dad purchased the bond, but only listed himself as the Owner, then she as his Executor/Beneficiary would be able to redeem the bond.

Actually this is what I do. Go ahead and talk to her and ask her to read you the serial numbers of the bonds, as well as the issue date. With that information and if you are listed on the bond as a co-owner or beneficiary - you should be able to get the bonds reissued even is she doesn't ever send you the actual paper.