Q: Can 1 beneficiary intentionally refuse to turn in his paperwork to prevent 2 other beneficiaries being paid annuniity
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him more than once to turn in paperwork. They can process payout to any sibling till all siblings send in their paperwork. I was told there is a lawsuit I can file to force my brother to stop holding up the payout and possible to seek damages, what can I do then to force him to send in his paperwork, when he is holding up my beneficiary benefits purely for retaliation purposes. He lives .5 miles from the office that he needs to turn the paperwork in. He has all his paperwork done, my sister sent her completed paperwork, the annuity plan mgmt firm says until they have all 3 they can't settle the account and make payouts. Help, my brother is trying to break me financially, he knows I am out of $$
A:
Under California law, if a beneficiary intentionally delays the completion of required paperwork to hinder the distribution of annuity benefits to other beneficiaries, legal action may be taken. In your case, you can consider filing a petition in probate court for the enforcement of your rights as a beneficiary. This legal action can compel your brother to submit the necessary paperwork.
Additionally, if his actions are causing you financial harm, you might also have grounds to seek damages for any losses incurred due to his intentional delay. It's important to gather all relevant documentation, including any correspondence with the annuity plan management firm and evidence of your brother's refusal to cooperate.
Consulting with an attorney experienced in probate or trust law is advisable. They can provide guidance specific to your situation and assist in navigating the legal process effectively. Remember, timeliness is crucial in such matters, so taking action sooner rather than later is recommended to protect your interests.
A: Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850 could be used to Petition to have the Court Compel him to perform the duties of completing the paperwork and turning it in .... There is also section 850.5 which provides for sanctions against one who is acting in bad faith against another. You would want to retain an attorney who can navigate the course for you.... Best of Luck
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