Free Letter - District Court of Delaware - Delaware


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Category: District Court of Delaware
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_ Case 1:07-cv—OO511-LPS Document 8 Filed 10/O2/2007 Page 1 of 2
Myung Pham LeGro {
l 2018 Maleady Drive
Herndon, VA 20170 E-—-~ _ -
27 September 2007 . lD) E @ E ll M E {F
and Geddes { OCT H 2 EOD? -
elaware Ave
PO Box 1150, Wilmington, DE 19899 i
MS, CElI'OlyH Hake ‘
Case Number 07-511 We A
l
l
Dear Ms. Hake:
I have told you that I intend to relinquish my right as beneficiary of my late
sister’s insurance policy, and I still plan to do so. However, before I sign the agreement I
you sent to me, I wish to be assured that you have had the form my sister signed naming i
me the beneficiary carefully examined. I have reason to suspect that it has been altered to ir
mislead and to reflect that my sister signed it on the day before her death, when in fact I
believe she signed it at least two days before she died. I have never seen the original ll
“Group Insurance Beneficiary Designation,” but I received, from a source unknown to il
me, a reproduced copy on which my sister’s signature has been obliterated, and the date E
‘°5/23/07" has been entered and circled. This date does not appear to be in my sister’s
hand, and the date is wrong. I believe she signed it not later than the 22nd. You should be
able to confirm this through the persons from Playtex who witnessed her signature.
I have enclosed my letter of 16 June to the insurance company, in which I
accurately summarize the facts about the change of beneficiary that my sister executed at
least two days before she passed away. Mr. Withrow’s assertion that she was too heavily
sedated to do this without my help and urging is terribly wrong, and he knows it. She
. was not heavily sedated until her final few hours of life. I have enclosed the altered
form, which came in an envelope postmarked, "Wilmington." which also contained two
letters from l\/Ir.Withrow’s lawyers.
I do not want to fight for this money, to endure the stress of a trial far from my
home, or to see Mr. Withrow or Delaware ever again. But I do not believe he should
profit from fraud or forgery. That is what I believe may be happening here. If you can
assure me that the circled date, “5/23/07," was written on the original document by my
sister, and that this has been confirmed by a qualified expert, I shall sign the agreement
you sent to me.
Sincerely, -
J
W
Myung h LEeGro
cc: Clerk of the United States District Court, District of Delaware

Case 1 :07-cv&p%$ Document 8 Filed 10/O2/2007 Page 2 of 2
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Case 1:07-cv-00511-LPS Document 8-2 Filed 10/O2/2007 P 1
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Myung Pham LeGro
2018 Maleady Drive \- V iii J
Herndon, Virginia 20l70 _ ru P g q, qq, if
16 lune 2007 l BUT L Lim i`”""`J
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lihe Unrted States Life Insurance Company Dllgymm GF
Neptune, Nl 07754 --m...-----——-····"
Reference: Group policy # (3214756
Gentlemen:
Enclosed you will fmd my claim as beneficiary of the life insurance policy of my
sister, Lisa Withrow, who passed away, her frail hand in mine, on 24 May, 2007. My
sister’s husband, James Withrow, has made some egregiously false statements about my
sister and me and it is my duty to set the record straight. In late April, Lisa underwent
major abdominal surgery for cancer. On 28 April my husband (Col. William E. LeGro,
USA Ret.) and I drove up hom our home in Virginia to visit her in the hospital. Shortly
after we returned home, we called Mr. Withrow to tell him that I would return to visit
Lisa again soon because she was alone and very unhappy. He told me to wait a few days
because he was going to move her to a cancer recovery center in Wilmington. I was so
worried for my sister that I called him a day or so later and he told us that he and their
daughter had moved Lisa to a nursing home because they could not care for her at home,
although they certainly had the resources to do so. My husband and I returned to Dover
on the following weekend to visit her in the nursing home. She was very sad, feeling that
she had been left there to die, abandoned by her husband and family. I assured her that if
A she were released, I would come up to stay with her in her home. About two days later
Mr. Withrow called and told me that Lisa had checked herself out of the nursing home,
and he asked for my help. The same day my husband drove me back to Delaware where
I remained with my sister, night and day, until she died.
I do not know when she made the decision to name me as beneficiary, but I recall
clearly hearing her tell her husband that she was going to remove him as beneficiary. I
was staying with her every moment, day and night, sleeping on the tloor beside her bed,
and caring for her every need- She told me that she was going to leave me a little money I
so I could continue to give money to her charities and help poor people in Vietnam, but
she never told me how much money or how she was going to do it. I told her that I did
not want to make any trouble in her family over money, that all I wanted was for her to
get well and to be able to travel again to Vietnam and help the people herself She said
that her husband would get plenty of money from her other policy and investments and I ,
should not worry about that; she knew how to handle it. `
One Friday in May———I believe it was the llth—Mr. `Withrow took her to conduct
some business at the Social Security office. I went along to help her, and I was in the g
back seat of the car when she told him that he dichft need the money from her policy, the l
one on which she paid Sli per month, and that she was going to change to beneficiary. l
When we got home, she told me that she had asked someone at Playtex to mail a change—· i
olibeneliciary form to her, and she asked me to check the mailbox for it. lt never came.

Case 1:07-cv-00511-LPS Document 8-2 Filed 10/O2/2007 Page 2 of 2
Her condition worsened and she was readmitted to the hospital. I moved into the
hospital room with her, sleeping on the couch, helping her with her meals, keeping her
clean, and comforting her as best I could, not even leaving her room for meals.
A few days after she was readmitted, a gentleman came to see her. She was
sleeping at the time, so I asked hhn if he would like to wait until she awakened. He said
that he could not but would come back again. Before he left he gave me brown envelope
to give to my sister. I showed the envelope to my sister when she woke up. She looked
at the paper inside, put it back in the envelope, and asked me to put it in my bag until she
asked for it.
A day or so after the gentleman left, two ladies from Playtex came to visit. They ·
apparently knew her well, for they embraced her and said some kind words to her. She
asked me for the envelope, which I gave to her. The ladies helped my sister 1511 out the
form. My sister asked me to give them my address and social security number, which I
did. My sister signed the form, and l believe the ladies signed it as witnesses. Then the
ladies said goodbye and left with the form.
I was too emotionally and physically exhausted to attend the ftmeral but several of {
my relatives were there, including my brother and two of my sisters. They told me that p
Mr- Withrow raged about the policy, accused me of forgery and hand, and swore to make I
the two ladies (to whom I refer above) support his position in the matter, although they
would have to perjure themselves to do so.
On ll June, I received an envelope from Wilmington, Delaware. It has no return
address so I don’t know who sent it. It contained copies of two letters signed by an
attorney engaged by Mr. Withrow to challenge my claim (should it be filed) and what
appears to be an altered copy of the change—otibeneficiary¢ fonn executed by my sister. (I
have enclosed copies of these papers.) My sister’s signature has been nearly completely
wiped from the form, and it is possible that the date she signed it has been changed,
because I believe she signed it at least two days before she died. In any case, the
attorney’s assertions that my sister was not competent to execute this change, that I “had"
her make the change, are patently false and slanderous. She made the decision to name
me benehciary long before she was under any sedation, without discussing it with me,
and she was fully aware when she signed the document and “competent” until her final
hour. To refhse to honor her decision would dishonor her memory.
- Lisa Withrow was a kind and generous person, a loving mother and a loyal and
devoted wife. She worked tirelessly to improve the living standards of her family. She
died with dignity and in fall command of her faculties. lt was her dying wish that I would
continue her charities, helping the poorest people and children in Vietnam, which l shall
do in her name whether or not I am awarded this benefit. I went to Delaware not to be
rewarded, but because I loved my sister and wanted to help her live, and l remained with
her to give her love and comfort as she endured pain and faced death.
Very sincerely yours,
Myung P. l,eGro -
Enclosed: Comrnunications from Kevin Guerke
cc: Jennifer Warren

Case 1:07-cv-00511-LPS

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