Legal Question in Wills and Trusts in California
will changed beneficiaries did not
My father died 6-9-05 suddenly though he had been ill for awhile, he changed his will three years prior to death leaving me 50% of his estate, 50% to a nephew, to my half brother and sister he left the ''sum of $1.00''. They both had been estranged from him and the daughter had misappropriated funds during a temporary gardianship following a stroke three and a half years ago. I was unaware of the will though I did know of his feelings, my cousin was aware of the will. He had an annuity purchased over 10 years ago still listing the ''disinherited'' duo as beneficiaries, can I contest this or at least be included in the annuity as his daughter?
2 Answers from Attorneys
Re: will changed beneficiaries did not
It's possible, but unlikely. The will only transfers things that do not automatically transfer on death. Things like life insurance and annuities are generally not covered by a will.
Re: will changed beneficiaries did not
the attorney who prepared his last will should have provided advice and instructions regarding assets not affected by the will to ensure that your father's whole estate would pass in accordance with his wishes.
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