Legal Question in Wills and Trusts in Florida

challenge IRA beneficiary designation

Can a person challenge a deceased relative's IRA beneficiary designation based on previous changes made in their will? Contention being that the IRA bene should have also been changed. Financial advisor failed to follow the deceased wishes. However, there is no documentation of a request to change IRA beneficiary, only a demonstrated intent via the change in the will.


Asked on 1/24/08, 6:14 pm

1 Answer from Attorneys
David Ellis david Robert Ellis, P.A.

Re: challenge IRA beneficiary designation

I would want to look at what directions were given to the financial advisor regarding changing the beneficiary designation. Is there any evidence showing that the deceased directed the financial advisor to change the designation. If so, you may have a chance. Somehow you will have to prove that the financial advisor failed to change the designation after being directed to do so. If you cannot prove that someone was responsible for changing the designation and did not do it, then I don't belive you have a case.

David Ellis

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Answered on 1/24/08, 9:18 pm


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