Fremont, CA asked in Stockbroker Fraud and Estate Planning for California

Q: Can I file a complaint against financial service for not paying death benefits from annuity.

They claim the beneficiaries have been notified but they have not. The agency is in Ohio

3 Lawyer Answers

A: You can sue anyone for anything, but that doesn't mean the lawsuit will be successful. If you haven't already done so, you should have a lawyer send a demand letter asking the company to cooperate and prove the beneficiaries have been notified. It's possible that the beneficiaries are people you weren't expecting and those people HAVE BEEN notified. Often, people set up investment accounts (or buy life insurance) and name beneficiaries decades before they pass away then forget to update the beneficiaries as their lives change. I've seen people pass away and their accounts went to an ex-spouse because the beneficiaries were never updated. So, even if you think you know the beneficiaries, you may be surprised at who they are. Best wishes.

Anthony M. Avery
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Answered

A: If you feel you have a copy of the beneficiary declaration, then have a lawyer make a demand for payment, including by a claim on the company's form. However if not paid, then litigation is a necessity. Jurisdiction is a huge obstacle: where contract made; where contract breached; State where trustee/administrator lies; Federal or State Court; or where the contract says. It will cost alot of money to sue with lawyers in other States, and the insurance co. knows this. They often pocket the death benefit after annuitants die.

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James L. Arrasmith
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Answered

A: Sure! If you're not receiving death benefits from an annuity, here's what you can do:

1. Contact the financial service provider to discuss the issue.

2. Review your annuity contract for the provider's obligations.

3. Gather supporting documents.

4. File a complaint with the appropriate regulatory authority.

5. Consider seeking legal advice if needed.

It's best to consult with experts for personalized guidance based on your situation.

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