Can my stepmother get any of my deceased fathers IRA account if she not listed as a beneficiary?

Asked over 1 year ago - Oklahoma City, OK

My father an stepmother were separated (not legally) 9 months before my father death. She is not listed as a beneficiary, only the 4 kids are. She is sueing us. She has also filed to be the administrator of the estate. Can we keep her from doing that?

Attorney answers (2)

  1. James P. Frederick

    Contributor Level 20

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    Lawyers agree

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    Answered . It depends. It is possible that the IRA beneficiary could not be changed without the wife's consent. It is also possible she is not entitled to anything. As far as the estate is concerned, the IRA would not be an estate asset. Whether or not there are other assets that need to be probated would dictate whether probate is needed. Is there a Will? If not, then the spouse probably has priority to be appointed administrator. You will need an attorney to fight this.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    3

    Lawyers agree

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    Answered . Attorney Frederick is correct. You should retain an experienced estate attorney to assist you with any necessary probate filing, as well as defending you and your siblings in the lawsuit brought by your step-mother. Good luck to you and your family.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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