Legal Question in Wills and Trusts in Ohio
I am the legal guardian (health and estate) of an elderly relative in Ohio. Years before the guardianship, my relative named me as the beneficiary on several annuities. Having done this, she does not specifically leave me any money in her will.
In recent years, I have spent all of her money outside of the annuities for assisted living and healthcare; I have started using the annuity money this year.
She is now very ill, and soon will pass. There is nothing left for two other relatives mentioned in her will. My brother is aware of this, and has no problem since I took care of my relative. My cousin will not feel that way. Does my cousin have a case against me if a settlement can't be reached?
Thank you.
2 Answers from Attorneys
Why should you have to settle at all? This all sounds pretty straightfoward. Is you cousin the child of the deceased ward?
If your relative listed you as beneficiary of the annuity, then this will pass to you directly after she passes away. If there are no probate estate assets, then the beneficiaries listed in her will not receive anything. Legally, you are not obligated to settle with the beneficiaries listed in the will or share the annuity with them. That does not mean that they can not or will not try to go after that money, but it sounds like you would have a good case given the fact that you have taken care of this relative for several years.
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