Legal Question in Wills and Trusts in California
My father had an annuity with my sister & I as beneficiaries. He put her last name as Martinez instead of Marquez by mistake (because they sound alike). My claim was paid. Now AIG is giving her a run around and not paying her claim. How can she prove that she is the intended beneficiary?
1 Answer from Attorneys
Please accept my condolences on the loss of your father.
That's tough. You're going to need to get a lawyer involved (look for a probate lawyer). It's an obvious mistake, but from their point of view how are they supposed to know dad made a mistake and there's not a woman Martinez going to come out of the woodwork and claim half the benefit? I'm sure you can see their point. They're going to want indemnification at a minimum, which is a notarized affirmation from your sister and a promise to repay the money. Hopefully they don't make you go to court and get an order from a judge.
Once again, please accept my condolences on the loss of your father.
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