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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Hello, I rceived a packet from an annuity that my sister had.

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Hello,
I rceived a packet from an annuity that my sister had. She died in 2001. My brother-in-law died in 2010. They had no children. My sister named no beneficiary for the annuity. I am her next of kin. When I contacted the company I was told that there would be no pay out because her spouse had died. I have read through the material and there is no such information contained within. What should I do?
Welcome! Thank you for your question.

You need to take the contract to an estate litigation attorney immediately. The annuity contract itself is what governs the requirement for distribution to beneficiaries after the annuitant (your sister) dies. It it possible that the contract would only then continue for the life of her husband. However, it is just as possible that the contract would pay out to named beneficiaries. There is unfortunately no way to know unless a lawyer has reviewed the contract itself.

If the lawyer finds that the contract does pay to a beneficiary then all it may take is a letter from the lawyer to get the payout that you deserve. If the company must be sued for the payout you possibly could hire the lawyer on a contingency basis where the lawyer would get paid a percentage of the recovery instead of paying an hourly rate fee. Attached is a link to a great website to find a lawyer in your area.

I did a search for estate litigation attorneys in NY State. If you enter in your area then it will narrow the list. I would pick the highest peer review rated first.
http://www.lawyers.com/estate-litigation/all-cities/new-york/law-firms/?ns=y&st=q&form=LHOM&tier=-1

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

Customer: replied 3 years ago.


I live in North Carolina. Must I have a NY lawyer?

Sorry, your question indicated that the question was related to NY law. Was the annuity contract with your sister in NY or NC?
Customer: replied 3 years ago.

My sister lived and died in NY. I live in NC that's why I am asking if I must have a NY attorney or can I see a local NC lawyer to handle this?

A NC lawyer can at least do the initial contract review and write a demand letter. If it came to a lawsuit you would possibly have to sue in NY.

Where in NC are you. I can give you some names personally in NC as I am in NC.


John
Customer: replied 3 years ago.


I am in Raeford NC, just outside of Fayetteville.

Here is a good young lawyer that practices civil estate litigation. He is with a great firm in Fayetteville. http://www.mccoywiggins.com/bio-dan-harrison.php
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