Legal Question in Wills and Trusts in Florida

Is it illegal to continue to receive annuity payouts from a settlement direct deposit after a spouse's death and not report the death to that company for two years? Then report the death and then and only then begin to distribute the current annuity to heirs? (keeping the annuity $ you have collected via direct deposit for 2 yrs)


Asked on 8/01/12, 6:23 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Illegal implies criminal and I am not expert in criminal law. As for the annuity, typically they require a beneficiary to be named. If there was one than that person would have been entitled to the annuity if guaranteed after the death fo the recipient. If no beneficiary named and guaranteed, then the funds would be payable to the Estate on behalf of the heairs. It sounds like you need to consult an attorney with a copy of the annuity and beneficiary forms.

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Answered on 8/01/12, 6:29 am
Lucreita Becude Lucreita D. Becude, P.A.

If you are asking the question, then you know you have done something like "perpetrate a fraud" on the estate. I suggest you RUN >>>>>>>>>>>>>>>> to the nearest attorney and get this straighten out before you are charged by the beneficiaries for fraud.

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Answered on 8/01/12, 11:03 am


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