Can a Structured Settlement Beneficary Be Disputed?

Any person with a valid legal claim can contest a structured settlement beneficiary after the death of the annuitant. A survivor who believes they were the deceased structured settlement payee's rightful beneficiary is the one to initiate such a dispute.  However, contesting a structured settlement valid beneficiary designation,  or a life insurance beneficiary, is difficult and it's a long and expensive process.

What is an Executor of an Estate?

• Will-Based Appointment:
• The testator (the person making the will) typically names an executor in their will, specifying who they want to be responsible for managing their estate after their death.
• A female Executor may be referred to as an Executrix.

What is an Administrator of an Estate?

• Appointed by the Court 
• If an individual dies intestate (without a will), the court will appoint an administrator to manage the estate.
• If the named executor in the will is unable or unwilling to serve, the court will appoint a different executor or administrator
• The court may be known as a Probate Court or Surrogates Court depending on the jurisdiction.
• A female Administrator may be referred to as an Administartrix.

Can an estate executor or administrator change a beneficiary of a structured settlement?

• An executor cannot change the beneficiary of an insurance policy.
• An administrator cannot change the beneficiary of an insurance policy.

Annuities are insurance contracts.   "An annuity is a contract between a purchaser and an insurance company"   NY Department of Financial Services. A structured settlement annuity is an insurance contract.

The ability to change a beneficiary is set forth in the Settlement Agreement and Release between settling parties to the claim or lawsuit settlement from which the structured setlement was established. Typically such agreements permit the Payee to name or change a beneficiary, provided such change in writing and submitted to the Assigmment Company or the annuity issuer inw riting and in proper form.

An executor is a court appointed representative of the decedent, or in this case, deceased structured settlement annuitant. The insurance beneficiary designation is a contract between the decedent and the insurance company that was entered into prior to the decedent's death.

Structured settlement annuity issuers don't have the power to remove a named structured settlement beneficiary

Only courts have the power to overturn a structured settlement beneficiary. 

Please refer to my May 24, 2021 blog post on Structured Settlement Beneficiary Designations (4structures.com) which discusses the Tera Vance case in which the Court concluded that Vance, the fiance of the decedent was not a party or third-party beneficiary of the annuity".  If you prefer to learn, my video on the subject of structured settlement beneficiaries below.

Last updated March 13, 2025