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#20203 - 11/19/08 11:37 PM money taken from IRA
skyblue Offline
New Poster

Registered: 11/19/08
Posts: 1
Loc: Indiana
My husband forged my signature on a form to take $5000 from my IRA, then forged my signature on the check. He deposited in our joint acct then left me 3 days later taking our checkbook with him. He transferred the money out of the joint account 7 days later. I did not know he took the money until I got my quarterly statement a month later. Can he take money from my IRA? He claims he could because he was my husband.

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#20234 - 11/21/08 09:56 AM Re: money taken from IRA [Re: skyblue]
John Burnett Administrator Offline
Compliance is my life

Registered: 10/27/00
Posts: 12636
You say he "was" your husband. It sounds like you are well rid of him. He could take money from your IRA not because he was your husband but because he is a crook who apparently is adept at forging your signature.

You will encounter some reluctance (is that polite enough?) on the IRA-holding institution to admit its error in paying funds out on the forged signature, but I recommend you start by making a claim there. If you don't get a timely refund, contact an attorney.

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#20246 - 11/21/08 02:28 PM Re: money taken from IRA [Re: John Burnett]
Anonymous
Unregistered


I work at a university an accounting professor told me last night that no one can withdraw from an IRA unless they are signature on the account. He says the reason for that is because of the tax complications. The next year on my 2007 tax return, the IRS withheld $900 of my tax return because of his early withdraw from my account. Our divorce was not yet final and the judge ordered he pay me the 900 before he would sign the decree.

The accounting professor says that I should use one judge's recognition of the fraud to convince another judge that he stole the money from me.

I hesitate to hire an attorney. The $5000 will cost me $10,000 in the end. Plus, if someone stole money from my wallet, I should not have to hire an attorney to enforce the law.

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