Legal Question in Wills and Trusts in New Jersey

Re: beneficary annunity eligiblity

The answer depends upon a few different factors. First, from your question it appears that adding the sister was a change from the initial annuity contract. If that was the case, and the initial annuity contract indicated that there was to be another beneficiary, that person would recieve the annuity if it had not been transfered to the sister prior to death. If the annuity contract did not specify a second beneficiary, than most likely the annuity would become part of the brother's estate and pass via the Will or state laws governing those who die without a Will. However, some types of annuities will contain automatic provisions for succession. You really should have a lawyer who is knowledgable in this area review the documents. If you have any more questions, please feel free to call me at (215) 545-4830

Re: beneficary annunity eligiblity

Since the man died with no change of beneficiary, the answer depends upon what his will provided, if he had one. If the will named the sister as the recipient of his estate, she will take under the will. If there was no will, the law of intestacy (dying without a will) will dictate who takes. Since he had no spouse, children or parents, his sister should be next in line to inherit. She would probably have to qualify as administrator of his estate to make the claim for the proceeds. All of this presumes the annuity did not have its own beneficiary statement if there was no designated beneficiary. Even if it did, such statements usually follow the laws of intestacy anyway, so she should get the money under either circumstance.