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  1. #1
    Join Date
    Jan 2012
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    4

    Default Guardian's Annuities All That's Left After Death

    My question involves estate proceedings in the state of: Ohio

    I was named beneficiary on annuities before a will was written by my father. I later became legal guardian. 13 years after assisted living and skilled care, I had spent down equal portions of what would have gone to my brothers and me (my equal portion came from the annuities), until the only thing left was annuity money...there was more annuity money than CDs, cash, etc.

    After his recent death, the probate estate shows no assets. My brothers are upset. I believe I did nothing wrong (there were guardian accountings every 2 years, and the judge signed off on them). Can my brothers get part of my annuities?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,489

    Default Re: Guardian's Annuities All That's Left After Death

    It could be argued that you intentionally manipulated the estate assets, to maximize what you would inherit. A judge could agree you violated your duty to carry out dads wishes.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    73,151

    Default Re: Guardian's Annuities All That's Left After Death

    Why were you added to the annuities, but not your siblings?

    How much money is left in the annuities?

    Does the will provide that you and your siblings will share equally from what is left in the estate?

  4. #4
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Guardian's Annuities All That's Left After Death

    What the will states has no bearing on annuities that have a post mortem beneficiary. The only possible course of action the other heirs might argue is that me mismanaged the guardianship and should have spent more of the annuity money. That's still going to be hard case for them to push.

  5. #5
    Join Date
    Jan 2012
    Posts
    4

    Default Re: Guardian's Annuities All That's Left After Death

    To clarify: I was named only because I agreed to stay in our hometown and care for dad...my brothers were already away from the area...they have been living in different western states for years. This agreement is not written anywhere, but this is what happened. There may be a family friend that can varify conversations with dad about this, because he was glad about it, and talked about it often.

    The will does not provide a share provision. There is more than 100k in annuity money.

    I should point out that my 2 brothers recieved assets from my father during the later stages of his life. There were collector items that went to 1 brother, and real estate that went to another, as it was mentioned in the will. I initiated that with the court. So they have received approx. 1/2 of their share mentioned in his will

    This was when dad went to a nursing home and was not going to come home because he couldn't walk, and dimentia was getting out of hand.

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