If my mom left my dad and we forgot to take her name off of an IRA account, now that he is dead how to I get this money from my mother?

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If my mom left my dad and we forgot to take her name off of an IRA account, now that he is dead how to I get this money from my mother?

I was left everything. Do I have case to get that money from her?

Asked on December 16, 2011 under Estate Planning, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends. In some sates a divorce does not effectively change a beneficiary designation unless the divorce decree makes a stipulation to change the beneficiary. So, unless a court order states otherwise, a former spouse may be entitled to receive IRA assets upon the owner's death. In other states, a divorce automatically eliminates an ex-spouse as an IRA beneficiary. In such a case, the proceeds are payable to the deceased's estate.

At this point you should consult with a probate attorney in the state in which your father was domiciled as of the date of his death. The laws of that jurisdiction will control just who is entitled to inherit these IRA proceeds.


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