Can a Structured Settlement Beneficary Be Disputed?
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 the beneficiary of a structured settlement?
- An executor cannot change the beneficiary of an insurance policy.
- An administrator cannotchange 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 examines the Tera Vance case, where the Court determined that Vance, the fiancée of the decedent, was neither a party nor a third-party beneficiary of the annuity. Alternatively, if you prefer auditory commentary, watch my video discussing structured settlement beneficiaries below.
Last updated March 13, 2025
