If this is the only asset, I would try to use a small estate proceeding to obtain the funds. There are some procedures which do not require probate court involvement, and thus, would not be subject to estate recovery. I would attempt this first. If the IRA custodian will not accept it, then you would need to use the court procedures. I believe that the size of this account is such that it would be exempt from estate recovery. There is an exempt property allowance in Michigan that allows you to shelter $14,000 of assets from creditors.
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Mr. Frederick's advice is spot-on.
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