interested5
Junior Member
Florida:
I have an elderly relative who's will designated my sister as recipient.
A sister-in-law, when she found out about the will, encouraged my elderly relative to create an annuity, which listed the same beneficiary as the will (my sister). About 4 months after the annuity was put in place, this same sister-in-law sent in an annuity amendment, which was not notarized and was sent in over a month after the deadline for changes to the annuity had passed, which designated herself as the recipient.
No one knew about this amendment that designated my sister-in-law the beneficiary until after my elderly relative passed away. The annuity company gave my sister-in-law a lump sum of a sizable amount. My sister never filed or probated the will, mostly because my sister-in-law claims that the annuity trumps the will so probating the will is a waste of time and my sister believes her. My sister, who was also my elderly relative's power of attorney and personal representative, is receiving creditor calls about the estate, but all of the money is with my sister-in-law (and we suspect she spent it very quickly before the rest of the family realized what she had done). I have encouraged my sister to probate the will, even if there is no money left in the estate. She thinks it is a waste of time.
There is a question as to whether the signature on the annuity amendment is my elderly relative's signature. My sister was her power of attorney, and was paying her bills and managing her accounts. My sister-in-law swears that my elderly relative signed the amendment, but it looks nothing like my elderly relative's signature and my sister was handling all financial matters (and was not informed by the annuity company that a change had been filed). My elderly relative, by the time the amendment was filed, was ill and was not handling any of her own estate matters.
The annuity company says that the money has been dispersed, the will doesn't matter, and nothing can be done. My sister-in-law, who has the money, obviously agrees.
Is there fraud here? This just doesn't seem right.
I have an elderly relative who's will designated my sister as recipient.
A sister-in-law, when she found out about the will, encouraged my elderly relative to create an annuity, which listed the same beneficiary as the will (my sister). About 4 months after the annuity was put in place, this same sister-in-law sent in an annuity amendment, which was not notarized and was sent in over a month after the deadline for changes to the annuity had passed, which designated herself as the recipient.
No one knew about this amendment that designated my sister-in-law the beneficiary until after my elderly relative passed away. The annuity company gave my sister-in-law a lump sum of a sizable amount. My sister never filed or probated the will, mostly because my sister-in-law claims that the annuity trumps the will so probating the will is a waste of time and my sister believes her. My sister, who was also my elderly relative's power of attorney and personal representative, is receiving creditor calls about the estate, but all of the money is with my sister-in-law (and we suspect she spent it very quickly before the rest of the family realized what she had done). I have encouraged my sister to probate the will, even if there is no money left in the estate. She thinks it is a waste of time.
There is a question as to whether the signature on the annuity amendment is my elderly relative's signature. My sister was her power of attorney, and was paying her bills and managing her accounts. My sister-in-law swears that my elderly relative signed the amendment, but it looks nothing like my elderly relative's signature and my sister was handling all financial matters (and was not informed by the annuity company that a change had been filed). My elderly relative, by the time the amendment was filed, was ill and was not handling any of her own estate matters.
The annuity company says that the money has been dispersed, the will doesn't matter, and nothing can be done. My sister-in-law, who has the money, obviously agrees.
Is there fraud here? This just doesn't seem right.