Legal Question in Wills and Trusts in California
Mom said I was beneficiary on IRA.
Mom had a CA pour over Will and a family trust appointing my sister executor, w/ power of attorney for incompasitated surviving spouse. 4 beneficiaries.
Executor told me there was no IRA, later called asking for my S.S.N saying Mom's IRA had to roll over. I quess she slipped in saying she was trying to get spouse named beneficiary and after his death she and I would be equall beneficiary.
I do not have a copy of the IRA, life Ins. or an other assets
3 Answers from Attorneys
An IRA is normally distributed to a named beneficiary. If your mother did not designate you or the trust as a beneficiary, I'm sorry, but there is not much you can do.
I'm not sure of what your question is, or whether this was an error in estate planning.
If you are the beneficiary of an IRA, then upon your mother's death, you own the account. Absent fraud in signing a new beneficiary designation with your deceased mothers name, you cannot be replaced as beneficiary upon death.
Ask you sister nicely for a list of the IRAs your mother held upon death. You can check with each institution to verify the IRAs are still open. With a death certificate of your mother, the institution will talk with you if in fact you are the beneficiary of their IRA.
If your sister will not provide this information, to which you are entitled as a beneficiary of the trust, then you should contact a lawyer to pursue your right to this information.
www.michielawfirm.com
If you are a beneficiary of the trust you have a right to full disclosure of all information regarding the assets of the trust. If your sister will not provide them, I would be happy to assist you in getting the probate court to order her to do so, and if necessary remove her as executor/trustee.
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