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Home→Tags Beneficiary designations 1 2 >>

Tag Archives: Beneficiary designations

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Agent Had Power to Liquidate C.D.s with Beneficiary Designations

Posted on July 18, 2024 by Daniel EvansJuly 18, 2024

The power of an agent to engage in “banking and financial transactions” gave the agent the power to liquidate certificates of deposit created by the decedent (referred to as “Totten trusts”). The beneficiary named on the C.D.s raised other issues … Continue reading →

Posted in Opinions | Tagged Agent's duties, Agent's powers, Beneficiary designations, Totten trusts

Divorce Orders Must Include Beneficiary Designation Warnings

Posted on December 31, 2022 by Daniel EvansDecember 31, 2022

The Act of November 3, 2022, No. 106, P.L. 1691, amends 23 Pa.C.S. § 3323 to require that divorce decrees and annulment orders include a provision advising the parties to reaffirm or change beneficiary designations for life insurance policies, annuity … Continue reading →

Posted in News, Statutes | Tagged Beneficiary designations, Divorce, PEF 6111.2

Estate Recovery Against Annuity

The decedent had purchased an annuity, and had named “Mildred Williams – Friend,” as the beneficiary, but failed to provide a Social Security number or other identifying information for the beneficiary. The decedent also failed to disclose the annuity to … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Estate recovery program, Medicaid, Unclaimed property

Testamentary Capacity of Incapacitated Person

A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Individual retirement account, Testamentary Capacity, Undue influence

SERS Change of Beneficiary Not Effective until Received

A change of beneficiary for death benefits under the State Employees’ Retirement System (SERS) was not effective until received, and so ineffective when the employee died after mailing the change of beneficiary and before it was received by SERS. Estate … Continue reading →

Posted in Opinions | Tagged Beneficiary designations

No Substantial Compliance in Beneficiary Change

Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Declaratory Judgment, Substantial compliance

Beneficiary Designation Mailed Before Death

A beneficiary designation that was signed and mailed by the decedent was binding and effective even though the decedent died before the designation form was received by the State Employees’ Retirement System.  Estate of Lynn D. Wilson v. State Employees’ Retirement … Continue reading →

Posted in Opinions | Tagged Beneficiary designations

Discontinuance of Divorce Action after Death

Plaintiff in divorce action may file for discontinuance after death of  spouse and before commencement of trial regardless of whether grounds for divorce have been established, and so have her rights in the estate determined under the Probate, Estates and … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Divorce

Agent Unable to Undo Beneficiary Designations after Death of Principal

Preliminary objections by Attorney General to petition of agent upheld, the court finding that it did not have the power to undo annuity beneficiary designations made by agent during decedent’s lifetime.  Scutchall Estate, 4 Fid.Rep.3d 311 (O.C. Franklin Co. 2015) … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Pa.R.C.P. 1028, PEF 5603(p), Power of Attorney

IRA Beneficiary Designation Unchanged by Will

Provisions of will were insufficient to change the beneficiary designation of an individual retirement account (IRA), there being no evidence that the decedent made reasonable efforts to comply with the terms of the account; objections to payments to claimant were … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Claim against Estate, IRAs

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