Does an executor have any legal right to add an annuity to an estate that was not in the deceased’s name?

UPDATED: Jul 3, 2012

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Does an executor have any legal right to add an annuity to an estate that was not in the deceased’s name?

An annuity (through the next 8 years) was left to me with the understanding that the money be used to take care of my mother. She passed away 4 moths ago In her Will she did not mention the annuity and now my sister (executor) wants to take the remainder of the annuity and include it as part of my mother’s estate. Can she do that legally?

Asked on July 3, 2012 under Estate Planning, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was a specific bequest to you of an annuity then the executor of your mother's Will (your sister) is not legally entitled to place somehting that is already given to you into your mother's estate if your mother had no ownership interests in it.

I suggest that you may want to speak with a Wills and trust attorney further about this annuity situation.

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