No IRA beneficiary.

Asked about 1 year ago - Irvine, CA

I'm wondering what happens now that my uncle has passed away but he didn't have a beneficiary listed for his IRA. He had everything else in his trust.

Attorney answers (5)

  1. Max M Alavi

    Contributor Level 8

    11

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    Answered . The IRA will have to be probated through the pour-over will and then distributed to the beneficiaries according to the terms of the trust. The tough thing will be to keep these classified as inherited IRAs for tax purposes.

  2. Michael Charles Doland

    Contributor Level 20

    11

    Lawyers agree

    Answered . Without a beneficiary, the proceeds will go into the estate and then pass according to the will (which may be a "pour-over" will into his trust.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    8

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    Answered . Sorry-the account now needs to go through probate.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Celia R Reed

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with my colleagues. However, you might be able to access the IRA funds through a small estate affidavit, depending on the amount in the account. This is a quicker and less involved procedure than a full probate. You also want to check with the IRA fund to see if it will accept an affidavit as some funds will not.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  5. Paul Lawrence Zucchino

    Contributor Level 11

    7

    Lawyers agree

    Answered . My colleagues are all correct. Unfortunately, the funds will be required to go through probate and passed according to the pour over will that was presumably set up with the trust was drafted.

    This response is for informational purposes only and is not meant as legal advice. No attorney-client relationship... more

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