How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118200
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
Type Your Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Before my father passed away last week at 92...he sent us four

This answer was rated:

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??
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 4 years ago.

what I actually received was a growth report of not have actual policy in my possession. My father just told us to cash policies in upon his death. When I called ..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.

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.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 2 other Estate Law Specialists are ready to help you