Legal Question in Wills and Trusts in New York

Re: beneficery

I concur with the other authors, that unless some claim of undue influence, fraud or otherwise can be established, the beneficiary declaration controls. There is no automatic right that establishes rights in anyone other than a spouse, if any, and absent a pre-marital or post-marital agreement, to inherit a portion of anyone's estate. Absent a legitimate claim, the designation controls.

Re: beneficery

The annuity is a contract and the proceeds will be payable in accordance with the terms of the contract.

As a matter of law and unless the contract provides otherwise, you have no rights to the annuity.

Re: beneficery

The annuity goes to the nephew unless the will is challenged and set aside; undue influence, forgery, procedural defects, etc. Although the annuity may be separate, as a practical matter the will must be attacked.

Under NY law, a spouse or child has special rights to an estate, but not a sibling, cousin, or nephew/niece. All of these and all others get only the disposition provided in the will.

If you win (unlikely), while the nephew may lose the annuity, this may not benefit you.