Legal Question in Wills and Trusts in California

Annuity

My mother passed on last Oct. leaving my sister and myself in her will as co-executors. In her will and irrevocable trust we are both listed as equal beneficiaries. In the last months of her life she had her only real remaining asset, an annuity, re-drawn with a different company so as to allow my sister and I to access the annuity immediately(the previous company had a 5 yr. wait). In the new annuity it appears my name was ommitted. My sister has accessed the money, paid me a small amount, and is now refusing all contact, ignoring phone calls, e-mails, etc. I don't even know for sure if my name was ommitted, as she has not given me a copy of the annuity. Am I entitled to 1/2 of the annuity?


Asked on 6/10/03, 11:25 am

1 Answer from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Annuity

If you can prove everything you've said in your question, and possibly more, yes you should prevail in a lawsuit. That does not mean the U.N. actuality will. It is interesting to your sister did pay you some money. I am in northern California and if you would like I would be more than happy to talk with you but I would need a much more fax and another basis of how you can prove your allegations.

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Answered on 6/10/03, 11:50 am


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