Legal Question in Wills and Trusts in Virginia
Contesting Annuity
My father just recently passed and I was under the assumption that he did not have an annuity. However, my mother found annuity paperwork that had been signed in 1995 by my dad and his witnesses leaving 100% of his annuity funds to my sister. He had four children (myself and sister included) and the way this document reads, she gets everything and the other three (my two brothers and myself) get nothing. Would there be any point in contesting this document?
2 Answers from Attorneys
Re: Contesting Annuity
You would appear well advised to arrange for a consultation with an attorney to review these documents and the relevant facts surrounding their
making, and who then should be able to advise you, accordingly.
Re: Contesting Annuity
Of course, Mr. Hendrickson is correct, because whether the annuity paperwork is valid or not valid or what exactly it says would require looking at it and the surrounding circumstances, etc.
Of course bear in mind that the annuity document is NOT your father's will. Any property that your father owned at his death would be distributed according to either his will or in the absence of a will by general rules for inheritance.
That is why if the annuity is not valid, then the money in it would be owned by your father and would be distributed according to normal inheritance.
However, I would be very surprised if the annuity is not valid. It is a contract giving the money, during your father's life, to your sister.
However, there are other issues such as whether he intended this to be adjusted or evened out with the rest of his inheritance or in addition to her share.
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