If my father died without a Will and lots of bills and his IRA/Roth account lists sister as beneficiary, can I take it over to pay bills as executrix?

My father died without a Will, and I (his only child) am all set to be named executrix to handle his huge (including tax) bills. Come to find out his sister is listed of the beneficiary of his IRA/Roth accounts. We’re not sure if anything will be left over, but is there any way to insure *I* get anything left over? Otherwise I do all the work and end up with absolutely nothing, and my father an I were very close. I’m sure his listing her as beneficiary was a mistake.

Asked on July 29, 2012 under Estate Planning, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If the IRA is the sole asset, probate is not required. Creditors may contact you, but you are not responsible for the debts of the decedent.

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