Legal Question in Wills and Trusts in Texas

denying inheritance

I am the sole beneficiary of an annuity, but I believe it was the decedent's wish that I, as executrix of her estate, distribute the funds as the part of her estate. Can I deny the annuity and have it revert to the estate? If so, how?


Asked on 4/04/08, 10:00 am

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: denying inheritance

You can disclaim the annuity within 9 months of the decedent's death. However, you cannot dictate where the annuity will go. You should check with the annuity company to see who the next beneficiary is, after you. If it's the estate, great. If not, then the annuity would go to whoever the next person is.

To disclaim, you will need a form, and it will need to be filed in the proper places. You can check with the annuity company to see if they can help, but it would be best for you to consult with your attorney - I assume you have one, as executrix.

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Answered on 4/04/08, 10:50 am


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