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?

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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 8 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.


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