What to do if my grandfather and grandmother passed away within 2 weeks of each other but only he had a Will and he died first?

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What to do if my grandfather and grandmother passed away within 2 weeks of each other but only he had a Will and he died first?

In his Will he left everything he had to his 3 grandchildren, of which I one. My daddy is trying to get his IRA, which is worth lots of money because my grandmother was the beneficiary on it and she did not have a Will. Can he get the IRA or will it have to go to the grandchildren as stated in his Will?

Asked on June 26, 2013 under Estate Planning, Georgia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

A will is not the place to designate who the beneficiary is of life insurance, a trust account, or any other account with a named beneficiary.  If your grandmother was the beneficiary of the IRA, then she was entitled to the proceeds of the account once your grandfather died.  If your father was you grandmother's only child, then under the intestacy laws of virtually any state (including Georgia, as in my home state of Arizona), your father inherits from her the proceeds of the IRA.


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