Arizona, USA
Hello, can someone please help answer the question that I have about my mothers deceased longtime partner's annuity beneficiary? I am so disturbed that a virtual stranger can take the money that really should be going to my mom. She truly is the only one who should receive it. Please hear my story:
My mom's longtime boyfriend of 25 yrs recently passed away. When he became ill, he told my mother he was adding her as a beneficiary to his life insurance annuities and I was present at the time he said this. However, almost immediately after he became ill, he took a sudden turn for the worse, and without warning was basically on his death bed. He was hospitalized and put on all kinds of equipment and was sedated to where there was no further communication with him before he passed. One thing that did take place when he became ill but before he died, was, on the day he told her he was adding her to his policy, he also gave her his atm bank card and pin number and told her to draw out funds as she needed and to put them towards their expenses and he also gave her the key to his work mailbox and instructed her to take care of any loose ends should he become incapacitated. He also designated my mother as the person to make any decisions regarding his medical care and told the hospital staff that my mother was the only person who would be inquiring about his condition and the only person to be notified or updated about his condition, and that there were no other friends or family to be notified of anything pertaining to his condition, just my mother. The hospital had my mom fill out extensive paperwork, which she believes may have been some kind of Medical Power of Attorney for Advance Directives, which essentially was his living will. He didn't have a regular will. They were not married but they were both on the lease for the home they shared and rented together. They did talk about one day getting married, they just never got around to doing it. Her boyfriend had absolutely no family, no children, no co-workers (he was self employed) and really, no friends. Not because he wasn't a nice guy, he just spent all his time with my mom since day one. There were no other people in his life whatsoever. After he passed away my mom did as he instructed her to, and contacted the municipal court where he owed a traffic fine and paid it for him and notified them of his death, then notified his cell phone carrier to discontinue his service. That's all there was to do really. He had no estate, it's really my moms place, but she added him on the lease when she asked him to move in with her. Other than that, he had a vehicle which she donated to charity. She checked his business mail once or twice a week after his death and there was a letter from his life insurance company that arrived a couple of weeks later so she opened it because she thought it may have been regarding her, the beneficiary (or so she thought). However, she was shocked to find someone else named as the beneficiary and not her. She recognized the name of the person as a friend of her boyfriends step brother, but thought it was odd that he was listed as the beneficiary because her boyfriend hadn't spoken to this man in over 5 yrs, and questioned whether or not he himself was even still alive because he was in his mid 70's back then so she wasn't sure if he was still living because he would be in his early 80's by now. This man was best friends with her boyfriends step brother and that was the extent of their relationship. No casual phone calls, no nothing, and my mom is at a loss as to WHY he would've even named this man as beneficiary in the first place, they virtually have no relationship, never really had one, aren't close at all, they aren't even friends really and was especially baffled by the fact that the two of them haven't even spoken in the last 5 years or more. She tried contacting this man, but the phone number she found for him has been disconnected, there are no public records that indicate a current address or phone number for him, and the social security death index does not show him as deceased.
Then, a second letter from the insurance company arrived that stated, "2nd attempt, please contact" The letter, as did the previous one, stated that they had no address or other identifiable information for the beneficiary and that was why they were sending notification to the decedents address and "in care of the estate of Mr... " It stated that annuities were owed and payable to (beneficiary) and listed the amount and for how long they will be paid, along with a list of requirements that the beneficiary must complete and send in along with the claim for the annuities. I realize that if they cannot locate the beneficiary, the insurance check goes to the "decedents estate" but honestly... he didn't have one. What little he owed to the court and the cell phone company, etc.., my mom paid for out of his bank account balance that he gave her his atm card and pin to, so there are no outstanding debts that the insurance check would go to.
The thing is... my mom took care of him everyday of his life since they met... she did everything for him, as he did for her... We sincerely believe he listed this man before he met my mom (they met in their early 40's so its possible) and never realized or dawned on him that this man was the one who would receive payment in the event of his death. Had he given it any thought, we're certain he would've changed that. But until he realized he was dying, is when he realized it wasn't my mother who would receive payment in the event of his death, and voiced this to her upon realizing that but quickly became too ill before he could put my mom on the policy. She is listed as the person who is to make decisions on all of his other affairs, such as his bank account, business mail, misc expenses, and Medical decisions and he is also listed as a lessee on their rental agreement so she can establish that she is in fact the one designated to manage his affairs to some degree. My question is, if they don't ever locate this man listed as beneficiary, (or even if they do) is there anything my mom can do to claim the annuity payments that he verbally expressed to her before he died, were his intentions and therefore, his wishes for her to be the beneficiary and me as a attesting witness that he said as such? The man who is listed on the policy doesn't even know my moms boyfriend very well. They rarely spoke during the entire 25 years my mom and he were together, and was not friends with him, but with his step brother. The step brother has long passed away otherwise, I'm sure he would've listed him before he listed a friend of his (considering he must've done this before meeting my mother) but there was no family left at all that he could've listed and that's why we are led to believe that he only chose this man because he didn't have anyone else to list. His purpose of taking out this policy in the first place was to insure payments to himself later on in life, which had been met. It wasn't a life insurance policy to be paid to any next of kin or anything like that, that was not it's purpose. I think he took out this policy before he ever met my mom, and that is why he listed this friend of his step brothers because he had no one else to list. When he became ill, that is when he must've realized he needed to change the beneficiary or add her as such because he expressed so to her, but less than 2 days later he became incapacitated. She has no way to prove these were his wishes, and I know her boyfriend should've had time to do it before he became ill, but people procrastinate, it doesn't mean it wasn't their desire just because they didn't get it done. Based on his verbal expression of will, and the appointment of my mother to handle all his loose ends once he was hospitalized, and also the fact that the beneficiary cannot be found, along with the fact that the decedent essentially has no estate, other than what my mom already took care of, couldn't there be a way for her to legally claim the annuities? or is there anything she can file with the courts requesting appointment of beneficiary? if she proves everything I have stated, and based on her word with myself as an attesting witness that he expressed he was adding my mom to his policy?
I know to some this may seem like a likely story, but I promise I speak the truth. I just feel sorry for my mom that she has struggled greatly taking care of both her boyfriend and my brother when they both simultaneously broke their legs in separate bicycle and hit and run accidents. My mom never once complained and waited on the two hand and foot and they were both laid up for over 6 months, I just know her boyfriend would never leave his money to a practically a complete stranger over the woman he deeply loved and cared for so much. Especially since he told her he was adding her before he passed away. It breaks my heart to see my mother grieving deeply over her loss, and the added insult to injury is just too much to just accept and to just leave at that. Considering all the circumstances, would a Judge consider overturning such a thing? I know a Judge did this with Anna Nicole Smith when her husband's son contested his will, even thought her husband clearly stated he wanted her to have it. It gives me hope for my mother to think this may be able to be done. Please advise me if I am right or wrong and any advice you may have for her in any way, shape, or form. We both greatly and immensely appreciate your time and effort. Thank you so much, from myself and my mother.
What is the name of your state (only U.S. law)? Arizona
Hello, can someone please help answer the question that I have about my mothers deceased longtime partner's annuity beneficiary? I am so disturbed that a virtual stranger can take the money that really should be going to my mom. She truly is the only one who should receive it. Please hear my story:
My mom's longtime boyfriend of 25 yrs recently passed away. When he became ill, he told my mother he was adding her as a beneficiary to his life insurance annuities and I was present at the time he said this. However, almost immediately after he became ill, he took a sudden turn for the worse, and without warning was basically on his death bed. He was hospitalized and put on all kinds of equipment and was sedated to where there was no further communication with him before he passed. One thing that did take place when he became ill but before he died, was, on the day he told her he was adding her to his policy, he also gave her his atm bank card and pin number and told her to draw out funds as she needed and to put them towards their expenses and he also gave her the key to his work mailbox and instructed her to take care of any loose ends should he become incapacitated. He also designated my mother as the person to make any decisions regarding his medical care and told the hospital staff that my mother was the only person who would be inquiring about his condition and the only person to be notified or updated about his condition, and that there were no other friends or family to be notified of anything pertaining to his condition, just my mother. The hospital had my mom fill out extensive paperwork, which she believes may have been some kind of Medical Power of Attorney for Advance Directives, which essentially was his living will. He didn't have a regular will. They were not married but they were both on the lease for the home they shared and rented together. They did talk about one day getting married, they just never got around to doing it. Her boyfriend had absolutely no family, no children, no co-workers (he was self employed) and really, no friends. Not because he wasn't a nice guy, he just spent all his time with my mom since day one. There were no other people in his life whatsoever. After he passed away my mom did as he instructed her to, and contacted the municipal court where he owed a traffic fine and paid it for him and notified them of his death, then notified his cell phone carrier to discontinue his service. That's all there was to do really. He had no estate, it's really my moms place, but she added him on the lease when she asked him to move in with her. Other than that, he had a vehicle which she donated to charity. She checked his business mail once or twice a week after his death and there was a letter from his life insurance company that arrived a couple of weeks later so she opened it because she thought it may have been regarding her, the beneficiary (or so she thought). However, she was shocked to find someone else named as the beneficiary and not her. She recognized the name of the person as a friend of her boyfriends step brother, but thought it was odd that he was listed as the beneficiary because her boyfriend hadn't spoken to this man in over 5 yrs, and questioned whether or not he himself was even still alive because he was in his mid 70's back then so she wasn't sure if he was still living because he would be in his early 80's by now. This man was best friends with her boyfriends step brother and that was the extent of their relationship. No casual phone calls, no nothing, and my mom is at a loss as to WHY he would've even named this man as beneficiary in the first place, they virtually have no relationship, never really had one, aren't close at all, they aren't even friends really and was especially baffled by the fact that the two of them haven't even spoken in the last 5 years or more. She tried contacting this man, but the phone number she found for him has been disconnected, there are no public records that indicate a current address or phone number for him, and the social security death index does not show him as deceased.
Then, a second letter from the insurance company arrived that stated, "2nd attempt, please contact" The letter, as did the previous one, stated that they had no address or other identifiable information for the beneficiary and that was why they were sending notification to the decedents address and "in care of the estate of Mr... " It stated that annuities were owed and payable to (beneficiary) and listed the amount and for how long they will be paid, along with a list of requirements that the beneficiary must complete and send in along with the claim for the annuities. I realize that if they cannot locate the beneficiary, the insurance check goes to the "decedents estate" but honestly... he didn't have one. What little he owed to the court and the cell phone company, etc.., my mom paid for out of his bank account balance that he gave her his atm card and pin to, so there are no outstanding debts that the insurance check would go to.
The thing is... my mom took care of him everyday of his life since they met... she did everything for him, as he did for her... We sincerely believe he listed this man before he met my mom (they met in their early 40's so its possible) and never realized or dawned on him that this man was the one who would receive payment in the event of his death. Had he given it any thought, we're certain he would've changed that. But until he realized he was dying, is when he realized it wasn't my mother who would receive payment in the event of his death, and voiced this to her upon realizing that but quickly became too ill before he could put my mom on the policy. She is listed as the person who is to make decisions on all of his other affairs, such as his bank account, business mail, misc expenses, and Medical decisions and he is also listed as a lessee on their rental agreement so she can establish that she is in fact the one designated to manage his affairs to some degree. My question is, if they don't ever locate this man listed as beneficiary, (or even if they do) is there anything my mom can do to claim the annuity payments that he verbally expressed to her before he died, were his intentions and therefore, his wishes for her to be the beneficiary and me as a attesting witness that he said as such? The man who is listed on the policy doesn't even know my moms boyfriend very well. They rarely spoke during the entire 25 years my mom and he were together, and was not friends with him, but with his step brother. The step brother has long passed away otherwise, I'm sure he would've listed him before he listed a friend of his (considering he must've done this before meeting my mother) but there was no family left at all that he could've listed and that's why we are led to believe that he only chose this man because he didn't have anyone else to list. His purpose of taking out this policy in the first place was to insure payments to himself later on in life, which had been met. It wasn't a life insurance policy to be paid to any next of kin or anything like that, that was not it's purpose. I think he took out this policy before he ever met my mom, and that is why he listed this friend of his step brothers because he had no one else to list. When he became ill, that is when he must've realized he needed to change the beneficiary or add her as such because he expressed so to her, but less than 2 days later he became incapacitated. She has no way to prove these were his wishes, and I know her boyfriend should've had time to do it before he became ill, but people procrastinate, it doesn't mean it wasn't their desire just because they didn't get it done. Based on his verbal expression of will, and the appointment of my mother to handle all his loose ends once he was hospitalized, and also the fact that the beneficiary cannot be found, along with the fact that the decedent essentially has no estate, other than what my mom already took care of, couldn't there be a way for her to legally claim the annuities? or is there anything she can file with the courts requesting appointment of beneficiary? if she proves everything I have stated, and based on her word with myself as an attesting witness that he expressed he was adding my mom to his policy?
I know to some this may seem like a likely story, but I promise I speak the truth. I just feel sorry for my mom that she has struggled greatly taking care of both her boyfriend and my brother when they both simultaneously broke their legs in separate bicycle and hit and run accidents. My mom never once complained and waited on the two hand and foot and they were both laid up for over 6 months, I just know her boyfriend would never leave his money to a practically a complete stranger over the woman he deeply loved and cared for so much. Especially since he told her he was adding her before he passed away. It breaks my heart to see my mother grieving deeply over her loss, and the added insult to injury is just too much to just accept and to just leave at that. Considering all the circumstances, would a Judge consider overturning such a thing? I know a Judge did this with Anna Nicole Smith when her husband's son contested his will, even thought her husband clearly stated he wanted her to have it. It gives me hope for my mother to think this may be able to be done. Please advise me if I am right or wrong and any advice you may have for her in any way, shape, or form. We both greatly and immensely appreciate your time and effort. Thank you so much, from myself and my mother.
What is the name of your state (only U.S. law)? Arizona
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