Gering, NE asked in Estate Planning and Probate for Nebraska

Q: Do we have to go through probate to receive the funds in one annuity account of unknown $ amount?

My sister passed away last year. She had named her two children as beneficiaries on all of her accounts except this one. Her total estate was slightly over $100,000, so we can't use the Small Estate Affidavit or Transfer of Personal Property Without Probate forms. Is there a simpler way to get the funds than probate?

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Who is the beneficiary? That person needs to make a claim against the insurance co. for the annuity death benefit. Legal Suit is very difficult as to which jurisdiction to sue in, which is probably not the State you are in. Read the Annuity Contract and hire a NE attorney to start making a claim, but it is very difficult to coerce them to pay up. Many times they keep the money as it is too expensive to sue for the funds. The lawyer needs to determine Next Of Kin if the Estate is the beneficiary. Whatever Court you sue in, the defendants will claim no jurisdiction. Good Luck...

Julie Fowler agrees with this answer

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