Legal Question in Wills and Trusts in New York

my stepdad died and My mom was beneficiary on his annuity and I am his contingent beneficiary. his children are contesting it. Are they entitled to it? He left no will.

Asked on 12/05/16, 11:23 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

No. What argument are they raising? Contact the holder of the Annuity.

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Answered on 12/05/16, 11:29 am
Walter LeVine Walter D. LeVine, Esq.

Most annuity contracts provide for a designated beneficiary followed by a contingent beneficiary if the primary beneficiary predeceases the annuitant. If there was a beneficiary designation, the policy is not a probate asset and would not be impacted even if there was a Will, or even if the estate passes by intestacy (no Will). I am presuming the natural children are possibly claiming that some undue influence was asserted by your mother and/or you, or that their father did not have capacity to make the designation.. In many instances the beneficiary designation will be upheld, but this is not absolute and can be contested. Since no facts about the contest are submitted, no response other than as provided can be given.

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Answered on 12/05/16, 12:55 pm

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