Does aperson have full right toan IRAifthey was listed as secondary beneficiary?

UPDATED: Mar 9, 2012

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Does aperson have full right toan IRAifthey was listed as secondary beneficiary?

My wife is direct descendant of grandfather. Her father was the only son. Both have since died and my wife is listed as a secondary beneficiary in her grandfather’s IRA account. This money was turned over to the state There were no Wills and nothing is in probate. Also, the father was re-married but only after the IRA was in place. Is she entitled and to any other funds left behind by her grandfather.

Asked on March 9, 2012 under Estate Planning, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of most states, the living designated beneficiary under a person's IRA account is entitled to the proceeds from it. Meaning, if when the grandfather dies and our wife was the sole living designated beneficiary still living under his IRA, she is entitled to the IRA funds.

I suggest that you consult with a Wills and trust attorney about the situation you are writing about.

If there is no Will or trust and there are assets of the grandfather, an administration proceeding should be filed to close out his estate.

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 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.

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