Houston, TX asked in Estate Planning, Civil Rights and Elder Law for Texas

Q: How long is the statutes of limitation for Annunity checks?

I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However the checks were never sent to me. I mentioned before that I did get the tax part of the annuity checks which was 11,000 which I paid, the representative told me the checks were cashed June 2010, my late husband died January 1st of 2010, 6 months after he passed away. Nationwide representative did give me the person's name that cashed the check but I really don't feel good about repeating his name unless it's to my lawyer. I was told Rockwell was suppose to have contact me, they new my address because they were in touch with me about the two Patents they wanted me to sign over, this was three yrs later 2013.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract claims ranges from 3 to 10 years, depending on the state.

However, there are some important things to consider:

1. The statute of limitations may be extended if there was fraud involved or if the breach was not immediately apparent.

2. The clock on the statute of limitations generally starts when the breach occurred or when it was discovered.

3. If the checks were indeed cashed by someone else without your consent, this could potentially be a case of fraud or theft, which may have different statutes of limitations.

Given the complexity of your situation and the significant amount of money involved, I strongly recommend consulting with an attorney who specializes in contract law, insurance, or estate matters. They can review the specifics of your case, determine the applicable statute of limitations, and advise you on the best course of action.

It's essential to act promptly, as waiting too long could potentially bar you from taking legal action due to the statute of limitations. An experienced attorney can help protect your rights and guide you through the process of recovering the funds you are owed.

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