Legal Question in Wills and Trusts in Louisiana

After a person dies, can the beneficiary of their annuity be changed/cancelled?

After my father divorced in December 2006 he forgot to remove his ex-wife as the beneficiary of a small annuity account. Now that he has passed away (Dec 2007) we're being told that she is entitiled to half of his monthly benefit. The reason they divorced was because she did not want to be responsible (physically and financially) for taking care of him in his failing health. She was adamant that her savings, retirement funds, and investment funds were hers alone and that he give up any claim on them. This was included in the divorce agreement. He did not get anything from her, and since he owned nothing, she did not get anything from him.

Is there any way to remove her as beneficiary? I have Power of Attorney.

This is a very small annuity, but the dollar amount is irrelevant. It's the principal of the matter.


Asked on 1/10/08, 2:13 pm

1 Answer from Attorneys
Myrna Arroyo Myrna E. Arroyo, LLC

Re: After a person dies, can the beneficiary of their annuity be changed/cancelled?

Your power of attorney expired when your father passed away, so you no longer have authority to act on his behalf. Unfortunately, you cannot change the beneficiary designation after a person dies. This is why it is so important to review these forms from time to time.

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Answered on 1/10/08, 6:32 pm


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