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    angela1234's Avatar
    angela1234 Posts: 1, Reputation: 1
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    #1

    Feb 11, 2008, 07:17 AM
    Death with no will
    My fathers died in October of 2007 and he worked hard his whole life in an electrical union. He had many annuities set up and from my knowledge he had a substantial life insurance plan, since his passing his new wife of less than 2 years has transferred all of his things into her name and is refusing to acknowledge myself and my two brothers for any of it. She has a daughter, which she has named a benefiturary for a few of his annuities. Is this legal? With no will is it possible that she is just making this all up and we have the right to know and have any of this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 11, 2008, 07:28 AM
    In most states if someone dies intestate, the surviving spouse does not get all of the estate, but has to share it with offspring. However, annuities and life insurance generally has a designated beneficiary so that it passes to the beneficiary outside the estate. So if the bulk of his estate was invested in annuties, he may have designated his wife as the beneficiary. That's actually the only way she could legally transfer the accounts. So I suspect that's the case. But you should contact an attorney. If she was the named beneficiary she should have no problem giving you that info to get you off her back.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 11, 2008, 08:58 AM
    Quote Originally Posted by angela1234
    My fathers died in October of 2007 and he worked hard his whole life in an electrical union. He had many annuities set up and from my knowledge he had a substantial life insurance plan, since his passing his new wife of less than 2 years has transferred all of his things into her name and is refusing to acknowledge myself and my two brothers for any of it. She has a daughter, which she has named a benefiturary for a few of his annuities. Is this legal?? With no will is it possible that she is just making this all up and we have the right to know and have any of this??

    She had to show SOMETHING if she transferred the stocks/annuities/pension into her individual name unless she was the direct beneficiary. You can't just say, "Whoops, no Will" and transfer things into your own name. Will or no Will there should be some sort of probate procedure.

    As potential heirs you should have been advised - unless she was the direct beneficiary.

    And, yes, once the holdings are in her name she can name anyone direct beneficiary.
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