Justice Guische
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PLAINTIFF administrator, Laurence Leff, sought a declaratory judgment that defendant insurer must pay, transfer or roll over the proceeds of his deceased mother’s annuity contract benefits into an individual retirement account in Leff’s name. Defendant moved for summary judgment dismissing the complaint, contending there was no contract between it and Leff, only one with his late mother, who named her estate as the beneficiary. Defendant stated that if someone in its employ erroneously notified Leff that death benefits could and would be rolled over into his personal IRA, by-passing the estate, that alleged “agreement” was unenforceable. The court noted decedent designated her estate as her beneficiary under her annuity contract. Thus, it stated that like any other agreement, the annuity contract was to be enforced in accordance with its terms. Defendant’s obligation was thus to pay the death benefits to the estate. The court concluded that it would not and could not change decedent’s contract with defendant. Hence, defendant’s motion for summary judgment was granted.
