What to do If I’m the primary beneficiary on my late ex-husband’s IRA and his children want me to sign it over to them because in his Will he states that all of his monetary property is to go them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do If I’m the primary beneficiary on my late ex-husband’s IRA and his children want me to sign it over to them because in his Will he states that all of his monetary property is to go them?

I have been told since I am the only listed beneficiary on the IRA that I am free to do as I wish with the funds. Do his children have a right to the IRA?

Asked on September 24, 2013 under Estate Planning, Florida

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 years ago | Contributor

The IRA goes to you as the named beneficiary. Because he named you as the beneficiary, the IRA funds pass to you outside of the probate process. His Will would have controlled how the IRA funds are distributed only if he had not named a beneficiary.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption