How do you gain control of an annuity or designate another person to be in charge?

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How do you gain control of an annuity or designate another person to be in charge?

My wife’s father has been stealing her annuity. It has been under control since before we knew each other. She is now 26 years old, on disability and has not had contact with him in over a year, except

recently to ask him to give over her annuity. He laughed and said to get a lawyer. She does not want anything to do with him, nor does she want him to have anything that is rightfully hers. We have been married for 5 years, have 2 children, and do not have any connection to her father, besides being related and this lingering issue. What, if any, recourse do we have? And what will it cost us to proceed?

Asked on April 25, 2018 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your wife can sue her father for conversion which is theft in a civil case to recover the annuity and the amount stolen.
It is unknown how much this would cost because that would be determined by the attorney's fee plus court costs, all of which is recoverable upon prevailing in the case.


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