QUESTION
What should I do if I was named joint annuitant and was told to get an order in determining beneficiaries?
Asked on Dec 11th, 2012 on Estate Planning - Maryland
More details to this question:
My mother passed away in January 2011. My other two sisters were named joint annuitants as well but they are over 25. I am the only one eligible. I have all the other paperwork. I just need to know what paperwork I need to file to get this order.
6 ANSWERS
Shadi Ala'i AlaiShaffer
This sounds like a probate issue. You need to speak with a probate attorney (or trusts and estate attorney) to assist you with this.
Answered on Dec 14th, 2012 at 3:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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An order determining heirs is usually provided by the probate court through formal probate proceedings. Since annuities with beneficiaries designated avoid the need for probate, it is unclear what they are asking you for and whether the request is even reasonable. You should have your paperwork reviewed by an attorney to help you understand how best to proceed.
Answered on Dec 14th, 2012 at 3:09 AM
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You should meet with an attorney and have all of the paperwork reviewed. It may be that you need to go to probate court to file an petition to accomplish that objective. Without seeing the paperwork it is difficult to say.
Answered on Dec 14th, 2012 at 1:03 AM
General Civil Trial Practice Attorney serving Oklahoma City, OK
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Denker & Associates, PLLC
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I am a little confused why a joint annuitant would need to get an order to determine beneficiaries. But if such order is required, it will be necessary to file a petition with the district court to determine the heirs of the estate. Such petition is normally included in a petition for probate of the estate and is usually filed in the County where the deceased was living at the time of death. If the value of the annuity and the estate is less than $20,000.00, Oklahoma law provides for the funds to be distributed upon a proper Affidavit.
Answered on Dec 14th, 2012 at 12:52 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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I am not sure why age plays a factor in the contract. You should have an attorney review the annuity contract and the claim forms. If you are the only eligible joint annuitant and need a court order, the attorney should be able to petition the court to obtain the necessary order.
Answered on Dec 14th, 2012 at 12:46 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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You should find out from the annuity company exactly what order they need, and then you may have to hire an attorney to assist you in getting the order.
Answered on Dec 14th, 2012 at 12:39 AM