My dad passed away on 10/25/09. I just found out on 2/5/11 that he had left an annuity to my 3 brothers, excluding me. I happen to know that I was listed as a beneficiary in 2004 and so he changed it after that time. I had a good relationship with him and so don't understand why it was changed, but I highly suspect he was influenced by one of my brothers. My dad was diagnosed with dementia in 2004 and suffered from it for the remainder of his life, becoming increasingly worse with each day. I know his insurance agent and called him to find out when the beneficiaries for this annuity had been changed. He has told me that because I am not a beneficiary that he cannot legally speak to me about it...and so I have no idea when it was changed or the total value of this annuity. Since I was once listed as a beneficiary and now have no idea of the timing of the change, I am at a loss to even pursue any allegation of undue influence by my brother and/or lack of contractual capacity required to alter an annuity contract. Is it true that he cannot legally speak to me and I cannot legally find out the value of my own father's estate...of which I was supposed to be a beneficiary?
1 Answer from Attorneys
If you think there was impropriety or undue influence (and it sounds very much like there might have been) you should contact an attorney immediately to protect your rights. There are procedures and processes you can use through the courts to get the information you need, and to force your brother to provide such information. There are, however, short statutes of limitations for challenging wills, so do not delay. Please feel free to call (301.294.6570) or email ([email protected]) if you would like a free consultation on this issue.