Legal Question in Wills and Trusts in California
No will - How do I prove next of kin for IRA
My only sibling died in SF county (2002) her ex-husband was listed as beneficiary on her IRA. He signed (disclaimer of IRA) a portion to me and has moved with no forwarding info. The IRA account holder requires CA probate. Can herestate (consisting of only IRA) be probated without a lawyer? If so, how?
1 Answer from Attorneys
Re: No will - How do I prove next of kin for IRA
You may able to handle transfer of the IRA assets to you if your portion will not exceed $100,000. California has a small estate affidavit procedure for transferring assets totaling less than $100,000.
You can prepare the affidavit and supporting documentation on your own or contact at attorney for assistance.
If the IRA asset is more than $100,000 you will likely need to open the estate in a probate proceeding.
I hope this helps.
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