• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question about division of annuities among survivng family after death of father

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CloudySkies

Junior Member
What is the name of your state (only U.S. law)? SC
Is it true that the naming of beneficiaries on my father's annuities would supersede anything in a will? If so, who takes care of the dividing of those assets?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? SC
Is it true that the naming of beneficiaries on my father's annuities would supersede anything in a will? If so, who takes care of the dividing of those assets?
The company that issued the annuities will distribute them to the beneficiaries, as listed.
 

Zigner

Senior Member, Non-Attorney
Can that be changed after my father had originally listed the beneficiaries both in name and amount?
Yes, your father could have changed that while alive. If you're asking if that can be changed now...not likely.
 

CloudySkies

Junior Member
Yes, your father could have changed that while alive. If you're asking if that can be changed now...not likely.
So, here is the million dollar question. Could my sister (who had him living with her in SC), have had him make changes to that? If so, would that stand if it could be proven he was not in his right mind? It's a long story...suffice to say my sister has been shady about my father after moving him away from my middle sister and I. We already got intel that she changed his will. I just wonder if she would have been start enough to change the annuity benefficiaries as well.
 

justalayman

Senior Member
So, here is the million dollar question. Could my sister (who had him living with her in SC), have had him make changes to that? If so, would that stand if it could be proven he was not in his right mind? It's a long story...suffice to say my sister has been shady about my father after moving him away from my middle sister and I.
If it can be proven your father was not competent or the changes were made under duress, yes, there is a possibility the changes can be reversed.
 

stealth2

Under the Radar Member
Original thread - where this should have been added.

https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/family-turmoil-after-death-father-630814.html#post3452017

I have to be honest. This sort of thing makes me ill. I am my parents' caregiver and I do anticipate issues with my sibling when they go. But I would walk away from it all - "stuff" and money don't make up for the loss.
 

CloudySkies

Junior Member
Original thread - where this should have been added.

https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/family-turmoil-after-death-father-630814.html#post3452017

I have to be honest. This sort of thing makes me ill. I am my parents' caregiver and I do anticipate issues with my sibling when they go. But I would walk away from it all - "stuff" and money don't make up for the loss.
You are absolutely right. My middle sister and I have just thought about walking away from it all if we find out she had him change benefeciary amounts (while he was suffering from dementia and getting ready to go in for quadruple bypass surgery after a heart attack). But my father, in his right mind, would have NEVER made a difference in the money he left to his kids. I know this. My youngest sister has been bleeding him dry for years since she moved him to Myrtle Beach. We know this for a fact. It's really NOT about the money...it's about how she coerced and manipulated him to her own benefit. I just don't thing someone should be able to get away with such a heinous thing. If my father is looking down from heaven right now, he would be so upset about the whole thing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top