Legal Question in Insurance Law in New York

wrong beneficiary

believe the beneficiary of a annunity is the wrong person, since the father and son have the same name ,, the father is deceased, we believe the son got the money and the people holding the annunity will not tell us who is the beneficary, I am the executor and need idea's on how to proceed


Asked on 10/09/04, 8:40 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: wrong beneficiary

I wouldn't be able to give you any real advice without knowing more facts.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 10/11/04, 5:30 pm
Kevin Connolly Kevin J. Connolly

Re: wrong beneficiary

It is not clear why this is the estate's concern. I am assuming the decedent passed away domiciled in New York. If this is one of those "guaranteed benefit" annuities, where if the measuring life ends before $X has been paid, then the unpaid balance of $X becomes part of the estate, then your remedy is a discovery proceeding in Surrogate's Court. Otherwise, I cannot see how the facts you have related give rise to an asset or liability on the part of the estate. Feel free to clarify or supplement the facts as stated.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 10/12/04, 9:33 am


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