Can my sister disclaim her half of an IRA account and sign it over to me?

UPDATED: Oct 1, 2022

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Can my sister disclaim her half of an IRA account and sign it over to me?

My father recently past away. In his Will he named my sister and I as equal beneficiaries and executors of his estate. We have mutually agreed that she take the house in return for allowing me to take the IRA account. Both are

of about equal value. Can she sign over her half of the IRA to me for my half of the house?

Asked on September 8, 2018 under Estate Planning, North Carolina


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  I need to ask: did your Dad name you on a beneficiary designation form for the IRA or did he just state his assets in the Will and say that each of you get half?  If it is the latter, then how you divide the assets seems to be left up to the Executor or you two.  If it is the former, then the holder of the IRA may not permit it.  I would consult an estate attorney who can read the Will in person just to be sure.  Good luck.

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