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Guardian added beneficiaries to an annuity, was it legal?

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NHRock

Junior Member
Florida? :mad:
The legal Guardian of the deceased put 2 equal beneficiaries on an annuity unknown to us, funded from various CDs. One CD had a POD to Sibling A equaled $35,000, the rest $500,000 came from CDs with no PODs, as that money was covered by a Will.
The Will left the 1 POD CD and a house to sibling A.
Sibling B was left all the rest of the money. Sibling A has since obtained "his" :( half of the annuity before it became known where the annuity funding came from. That money may have gone to pay Sibling A's debts. As executor can I sue the professional court appointed legal Guardian of the deceased to recover the missing $250,000 that rightfully belongs to Sibling B?
I could find no court approval for this combining of funds. Neither Sibling was notified this combining og funds was taking place.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Betty

Senior Member
Unless someone else comes along & has something more/additional to tell you, I would run this by an attorney.
 

tranquility

Senior Member
Since estate planning for the ward requires approval of the court, if it was not gotten, there was a breach. If you have been appointed executor by the court, you have standing. You will need an attorney.
 

Betty

Senior Member
That's the only thing I could think of also - run it by an attorney. I
really don't see how you can get by w/o one.
 

anteater

Senior Member
NHRock posted this question on another forum and indicated that he/she does have an attorney and will be discussing this.

He/she also indicated that this was a professional guardian - not a second cousin from Palatka. This gives me pause since one would think that a professional would not be taking these types of actions if the actions needed court approval.

Too bad that BlondiePB isn't still around here.
 

Betty

Senior Member
Sometimes/on occasion though guardians do things which they shouldn't & aren't in the best interest of the ward & others.

The OP can talk to the attorney & work it out with him/her.

PS - Yes, BlondieBP was good!
 

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