Can Someone Else Sign a Change of Beneficiary Form on Your Behalf?

Federal Judge Rules Notary Could Not Sign Form for Blind Woman

A document signed by a notary on behalf of a disabled person may still be invalid if the underlying form does not permit such an action. A recent decision from a federal judge in Fort Myers, Pruco Life Insurance Company v. Howen, provides a case in point.

This case involved a dispute over death benefits payable under two individual retirement annuities issued to a now-deceased Florida woman (the decedent). Both annuities originally named the decedent’s husband as the sole primary beneficiary. This meant that he would receive 100 percent of the death benefits upon his wife’s death.

In August 2021, however, the custodian of the annuities received a change of beneficiary form that named the decedent’s two caregivers as the new beneficiaries. At the time, the decedent had impaired vision and was effectively blind. So she directed a notary public to sign her name to the change of beneficiary form. The decedent’s caregivers acted as witnesses.

After the decedent passed away in February 2022, a dispute arose between the caregivers and the estate of the decedent’s husband–he died a week after his wife–over who was entitled to the death benefits. The estate argued the notary’s proxy signature was invalid because the witnesses were not disinterested persons. Indeed, the witnesses were the same caregivers who stood to benefit from the change of beneficiary form.

But as the judge overseeing the litigation explained, that was not the real problem. The real problem was that the change of beneficiary form itself required the annuity holder to personally sign the document. Much like a life insurance policy, an annuity is a contract between the annuitant and the insurer. As such, the decedent was required to strictly follow the terms of her annuity contract when making any changes to the beneficiary designation. Since she did not comply with the insurer’s requirements, she never “signed” the form as a matter of law. Accordingly, the court entered judgment in favor of the estate of the decedent’s husband.

Contact a Pompano Beach Beneficiary Disputes Lawyer Today

Disagreements over who is entitled to receive assets from a deceased individual often end up before the courts. If you find yourself in such a situation, it is in your best interest to work with a qualified Pompano Beach beneficiary disputes attorney. Contact Mark R. Manceri, P.A., today to schedule a consultation.

Source:

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