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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88666
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Before my father passed away last week at 92...he sent us four

Resolved Question:

Before my father passed away last week at 92...he sent us four children annuity statements and instructed us to cash them in upon his death. He also told us that my brother was to be the executor of his estate. When he called to find out lawyers name he was told that my father changed the executor. My brother then asked for the lawyers name who prepared will and was not given this. also..we were toldby annuity company we cannot claim annuitys as they have become part of estate. Do we have any rights at all?? We feels our step mother and her children are purposely keeping us in the dark. what can we do??
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Were the annuities in your names or were they in his names?

Were each of you listed as beneficiaries on the annuities?

Did your father change his will?
Customer: replied 1 year ago.

what I actually received was a growth report of policy..do not have actual policy in my possession. My father just told us to cash policies in upon his death. When I called ins.company ..was told they had gone to his estate. we do not have copy of will....but he led us to believe that these were initially separate from will. Statement has me listed as annuitant.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If you were the annuitant on the policy then you were the person entitled to receive benefits from the policy WITHOUT PROBATE and the company was wrong to send it to the estate. If they did send it to the estate, the estate is bound to send you the money directly as it is not supposed to be part of the estate. Additionally, if they improperly paid the money to the estate when you were named as annuitant (which is beneficiary of an annuity) then you can also sue the insurance company for improper handling of the annuity and for damages you incurred in having to recover that money by suing the estate which you will now have to do if the estate will not turn it over to you.

You would have to sue both the estate and the insurance company for return of your annuity money to you as annuitant.



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Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88666
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 3 other Estate Law Specialists are ready to help you

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