Legal Question in Wills and Trusts in California
IRA Left to me by my desceased Ex husband
my ex husband passed away on 6/27 of this year. My adult son is the executor of his estate. He told me that my ex has left me an IRA. But he has yet to give anything to me, Is there a time limit on how quickly things get disbursed or other things that may be holding it up?
1 Answer from Attorneys
Re: IRA Left to me by my desceased Ex husband
A typical probate that is uncontested would take about a year to conclude. The final account has to be prepared and approved by the court and an order of distribution issued before final distribution to the beneficiaries can occur. However, an IRA account usually has named beneficiaries, and if so, it is not part of the probate estate, and you can just roll it over into your IRA. You should verify whether the IRA named you as a beneficiary, or whether the IRA had no beneficiary and the Will named you the beneficiary of the IRA (in which case it is part of the probate estate).
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