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My stepdad in Michigan recently died, leaving everything to my mother in his will. Everything they owned was held jointly between them except his IRA, which only has about $6K in it. Turns out he didn't name her as a beneificary for the IRA. The bank is telling my mom she needs to have his will probated to get the IRA. But the lawyer who helped my stepdad receive Medicaid funds during his nursing home stay says that as soon as the will is probated, the State of Michigan will come take the money in the IRA. So I have two questions: 1) Is there any way my mother can get this money, which she desperately needs? 2) If not, does she legally have to have to will probated, or can she just walk away? Seems awful if she would have to pay to probate the will, only to watch the state take the money.