Is it fraud to sign my husband’s name after he passed away?

I have an insurance check for some damage to our house. As long as I do fix the house is it fraud to sign his name?

Asked on July 5, 2012 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Technically under the laws of all state in this coutnry for you to sign your husband's name to an insurance settlement check issued to him after he has passed away is wrongful conduct.

However, IF you have an ownership interest in the item that the insurance carrier issued the check for and you use the insurance money to pay for the repairs of the damaged item such as the house that you have written about, I see no "fraud" per se on your part.

I suggest that you contact the insurance company about your situation and see if a new check can be isued to you alone instead of your deceased husband and you return the check that you presently have in hand.

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