Skip to main content

Father passed don't know who the beneficiary on the Ira account is do I need a short certificate to get the the money from Ira .

New York, NY |

I am the executor of my dads will and my siblings and I will split our inheritance evenly. Can't we just go to the bank with the will and the death certificate.

Attorney Answers 3

Posted

I'm sorry for your loss. Your best bet is to send certified copies of your Letters Testamentary and the death certificate to the custodian of your father's IRA. The custodian should then be back in touch with you to advise as to the beneficiaries thereof. If you can do this in-person, it will be even better. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Asker

Posted

Thank you for your help

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

you're most welcome

Posted

The IRA may have a beneficiary in which case the Will is irrelevant. If you take the death certificate to the bank, they will at least tell you if you where a beneficiary or if there is a beneficiary. If you are not the beneficiary they will not disclose to you who is the beneficiary. If there is no beneficiary, probate may be necessary depending on the size of the IRA account.

Regardless, you want to contact an attorney if there are no beneficiaries on the account.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank you for your help

Posted

Agreed. Your presence at the bank with photo ID and a certificate of Letters Testamentary with the raised seal of the Surrogate's Court should open all of the doors. Your siblings need not be present, but can be if you wish.

The bank will also require a certified death certificate.

If you need a certificate of Letters Testamentary, you can obtain them for $6 each from the Surrogate's Court that probated the Will.

Materials on this website have been designed to provide useful background information about Law Offices of Thomas Sciacca, PLLC. The information provided is not intended to and does not constitute legal advice, and does not create an attorney-client relationship between you and Law Offices of Thomas Sciacca, PLLC. Any communication, including electronic mail, made through this website may not be secure, confidential, or privileged. The information provided in this website should not be considered to be an invitation to an attorney-client relationship and you should not rely on any information provided at this website for any purpose. For legal advice, you should consult with a qualified attorney. Selecting the best attorney for you is an important and personal decision and should not be based solely on the information contained on this website.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank you for your help

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics