Is Original Will needed?
Columbus, OH
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Posted 21 days ago in Wills / Living Wills
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If my family has original will and I have inherited IRA's, but they did not want to tell me, can they keep me from my inheritance?
Answers (3)Shawn B Alexander
This attorney is licensed in Washington.
Posted 21 days ago.
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I practice in Washington and you will need a lawyer in Ohio. But when the excecutor probates the will the court should be informed of all claims on the will and this sure sounds like one. Gte an experinced probate lawyer locally at once.
Good Luck Steve Fromm
This attorney is licensed in Pennsylvania.
Posted 21 days ago.
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As for the IRA, if you are named beneficiary, the IRA passes to you automatically. The will is basically irrelevant and has no impact on the IRAs. However, if they are not telling you where the IRAs are located you must retain a lawyer ASAP.
As for the will, once probated it becomes available to the public. You can go to the register of wills office in the county where the decedent lived to get a copy of the will. Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. Elizabeth Smith Schmitz
This attorney is licensed in Ohio.
Posted 21 days ago.
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If you are the named beneficiary of the IRA it would not go through probate and would not be governed by the will.
You should be able to collect the IRA directly from the IRA company. |