Legal Question in Wills and Trusts in Connecticut

Annuity

My brother (power of attorney for my mother when she was still alive) made a paperwork mistake when changing the beneficiaries on her annuity. Instead of the six children being all primary, three were listed as primary and three as contingent. This was not discovered until shortly after she died. The insurance company wanted to distribute the funds six ways, but one sister is fighting for a 1/3 share. What can we do? What type of lawyer do we need to contact to discuss options as far as making sure my mother's real intent (all six children sharing equally) is upheld?


Asked on 11/21/08, 12:07 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Annuity

You need a probate attorney, preferably one with litigation experience. The mistake can be corrected, but if one party objects, you may need a lawsuit in the superior court. The problem is, annuities don't go through the Probate Court - they go directly to the beneficiaries, so the superior court will get this one.

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Answered on 11/21/08, 10:04 am


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