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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption