What happens if aWill states that an individual is to receive 1% of an IRA account but that account has another person named as the beneficiary?

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What happens if aWill states that an individual is to receive 1% of an IRA account but that account has another person named as the beneficiary?

My brother wants his executor to receive 1% of an IRA account that has a different beneficiary on it. Won’t the beneficiary override his wishes in his Will?

Asked on July 1, 2011 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am confused by what you mean when you say that the account has a different beneficiary on it.  Do you mean that your brother's Last Will and Testament leaves the account to a different beneficiary?  The provisions of the Will should be read together and not opposite to each other. It is difficult without reading the entire Will to give any guidance but is it possible that he intended to leave the IRS to another minus the 1%? Please seek help here.  There may be another way to have you brother's wishes carried out but again the entire Will needs to be read in order to do that.  Good luck.


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