Legal Question in Wills and Trusts in California
My elderly aunt died 10/08 .She had an annuity naming me as contingent beneficiary,her spouse died in 1999 .She was found to be suffering from dementia in 1999 and a conservator was hired . I put in a claim for the annuity and I was told no contingent beneficiary was named and the annuity now belonged to her estate .The conservator made this error w/o a court order in 12/.2000 . The annuity company says my aunt approved the change . The form was sent to the conservator's address and my aunt was not capable of approving or disapproving the change. I sent court papers from 1999 proving her lack of capacity ,death certificate etc.and I am still getting a runaround from the company. They want letters testamentary citing privacy concerns .What steps should I take to get this moving ?
3 Answers from Attorneys
I am somewhat confused by the history you gave. Did she inform the annunity company before she suffered so much dementia to need a conservator that you were to be the contigent beneficiary? Was her husband who died before her the initial beneficiary? Was the annunity policy changed to show your name? Why did the conservator not have that record? Were the papers to make a change and remove you as a beneficiary. What reasons do the annunity company give for not letting you see the documents?
I would like to review the documents. If she desired to have you as a contingent beneficiary prior to her dementia, then the conservator was negligent. If she made the change after her dementia, then she lacked capacity to do so. Contact me directly.
Who is the executor of her estate, you may try to get it from the estate now. Contact me directly,
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