Are proceeds from a retirement account considered separate from the assets of an estate that are covered in a Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are proceeds from a retirement account considered separate from the assets of an estate that are covered in a Will?

I have been notified that I’m a beneficiary of my grandmother’s retirement account. However, my mom says that she has say so over everything because it is in my grandmother’s Will. I’m the original and only beneficiary on file with investment account. Is there a way she can interfere with this process? The investment company sent papers in my name. What should I do now? I have papers. Should I just fill them out and hope for the best?

Asked on January 7, 2015 under Estate Planning, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your Grandmother left you as the designated beneficiary of her retirement account then those funds pass "outside the Will" and are not part of her estate.  They pass to you directly.  Your Mother has no control over them. So fill out the forms and expect the best.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption