- 3 - On November 17, 2000, Mark’s mother, Phyllis D. Filer (Phyllis), died. She was survived by her three children: Mark, Paul Filer (Paul), and Heidi Higdon (Heidi) (hereinafter referred to collectively as the children). At the time of her death, Phyllis owned a flexible premium deferred annuity (annuity) with Anchor National Life Insurance Co. (Anchor). Phyllis applied for the annuity on October 29, 1985. On the application form, Phyllis named herself both as the owner and primary beneficiary, she designated Julie both as the annuitant and as the successor owner, and she designated Mark and Paul as the contingent beneficiaries to share equally.3 Phyllis paid the initial annual premium of $11,704, and Anchor issued the annuity to Phyllis on November 5, 1985, with a retirement date of November 5, 2036.4 The annuity contract provided that Phyllis could change the successor owner or beneficiaries at any time by filing a written request. In addition, the annuity contract contained the following provisions: 3 The annuitant is the person on whose life the contract is issued. The successor owner is the “person named by the owner to receive all ownership rights upon the death of the owner.” The contract further stated that the naming of a successor owner is not an assignment, nor is the successor owner an assignee. 4 The retirement date is the date on which annuity payments would begin.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011