I recommend filing a Petition to Determine Entitlement with the court and get a court order stating the asset belongs to you and your sister. Wells Fargo will comply with a court order. It should be a straightforward Petition and many attorneys will probably work with you on fees and costs to help you get the proceeds from the IRA.
How do you know what the will says? You could file your own petition to probate his estate and then make your claims regarding the Wells Fargo account as a petitioner. You might then be forced to file a separate Will Contest. Has anyone been appointed by the court to administrate his estate? Was there a Trust? Please seeklegal help.
I agree with attorney James. You may need to file a petition re entitlement in the Probate court. At a minimum, you need to immediately retain counsel and assert your interest in the IRA. It is unclear whether this would be a probate matter or an interpleader in civil court initiated by Wells Fargo if they are unable to determine the appropriate beneficiary.
Michael R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
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