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?
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.
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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.
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