What if a deceased family member was overpaid by an annuity, and the annutiy company is now requesting repayment from the family?

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What if a deceased family member was overpaid by an annuity, and the annutiy company is now requesting repayment from the family?

The deceased person did not have any assets and all the deceased person’s cash was used for medical bil and funeral bills. Is the family responsible for the repayment?

Asked on September 1, 2012 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, the family is not responsible for repaying the annuity. If the decedent's estate had any residual assets in it, those assets could be reached by the annuity company (i.e. through a lawsuit, if necessary) and used to repay an overpayment--but only the assets of the estate. The decedent's family members would not be responsible for his/her debts unless--

1) they personally guaranteed them in some way; or

2) it can be shown that the family members themselves acted wrongfully in helping the decedent to get his/her overpayment (e.g. colluded with him or her to claim that some checks or payments were lost, had replacements issued, then cashed the original ones, too)


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