Legal Question in Wills and Trusts in New York
money left to my son
my dad passed away and left in his will an annuity but my mother is the benificary and now she will not give him the money and in the will the account numbers are the same as in the will do i have a case
1 Answer from Attorneys
Re: money left to my son
Any asset, including the annuity or life insurance, that has a specific beneficiary designation, or has multiple owners, like a joint bank account, passes to the named beneficiary or joint owner by operation of law, despite being referenced in a Will and the Will is superceded by the designation. Sorry, you have no claim, unless you could show the beneficiary designation was obtained by fraud, undue influence or was made when your father was incompetent. You have a major, uphill, battle, to overcome. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship.