Legal Question in Wills and Trusts in Illinois
Wills And Annuties
My friend named me and another one of her friends as beneficiaries of some annuities. Now relatives of her's that was not named in her Will are trying to fight me and the other beneficiary for the annuity money. Can they do that? Does annuities have anything to do with a Will? Who do you think will win the fight over the annuity money/
Thank you forr all yourhelp
3 Answers from Attorneys
Re: Wills And Annuties
Thank you for your question. The entire issue here is the validity of the will.if the will is declared invalid for some reason, you could lose the annuities. Chances are you could prevail, but you may have to defend a lawsuit. There are a few moving parts to this which make it difficult to fully assess your case. Feel free to email me for a free email/phone consultation: [email protected]
Re: Wills And Annuties
The short answer is that the beneficiary designation will trump the will. The will only controls property in the decedent's estate. Had your friend named his estate as beneficiary, the will would control.
However, before I give you any false sense of security I need to caution you that there are exceptions. For this I would need to ask some "diagnostic" questions.
If you would like to have a free phone chat to see if other issues may be involved, go to my website www.legacylaws.com and call the number on my home page.
It sounds like you need some peace of mind around this.
Be well.
Re: Wills And Annuties
the beneficiary od an annuity is seperate from the designation of beneficiaries under a will. the will disposes of property in the sole name of the decedent as a way to transfer that property and does not affect joint tenancy property or insurance or annuiteies where there is a beneficiary named.
the only challenges would be based upon mental competency;forgery; or undue influence.