Legal Question in Wills and Trusts in Arizona
Annuity Beneficiary
My mother died when I was a child. As a result of a wrongful death lawsuit, an annuity was set up for my siblings and my father as well. My father had remarried a few years ago and he has just passed away recently. He may have left his current wife as the beneficiary on his future annuity payments. I have just found out that she has been forging his name and has a friend that is a notary public who notarizes things for her. Since the annuity was meant for the surviving children of my mother, is the change of beneficary that he may have made reversible? Also what should I do if I think she has been falsifying other documents? I dont know if she forged the beneficiary change but the rest of my family is very concerned that she may have manipulated my father in his bad health. I dont want to ''go to war with her'' but I feel she has been very dishonest and did not take care of my father while he was sick due to her drug dependency.
2 Answers from Attorneys
Re: Annuity Beneficiary
Your questions raise a lot of issues and concerns but you do not have the facts. You must retain counsel and conduct discovery to determine what has actually happened and then you can question the actions of the people involved. You will have to undertake the costs of discovering the facts and then determine whether or not to go to "war" with her.
Re: Annuity Beneficiary
I will respond with the facts presented, which are not complete. Therefore a complete and accurate answer is not possible.
You state there was a settlement for your father and your siblings, but do not mention if there was a settlement for you.
The settlement became the property of the claimants at the time, according to the particular stipulation for settlement and the annuity contract. Under that contract, I presume that if there was a possibility to name a beneficiary for the payments in the event of the death of the recipient, your father made such a beneficiary designation.
If you feel his beneficiary designation was made under duress or undue influence, or was forged, you would have to get an attorney to make a claim and prove that. You do not state the state of residency of your father when he died. Arizona? Missouri? It's a little difficult to give a proper response.
You say you found out your stepmither forged your father's signature, but you don't give any details. Consult with an attorney in the jurisdiction where your father was a resident when he died.
Best regards,
James D. Jenkins
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