Legal Question in Wills and Trusts in Georgia

IRA death benefit...

My husband recently received a death benefit of $5200.00 as a joint tenant on an IRA of that of his ex-wife. She passed away unexpectedly due to a brief illness one month after their dissolution was final just over a year ago. Her family (sister & brother) insist that these funds are rightfully theirs although his name was never removed from the account nor were either of their names listed as beneficiaries. She leaves no spouse or children and did not have a will or trust. Do they have a claim?


Asked on 2/23/08, 6:22 am

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: IRA death benefit...

No one is a joint tenant on an IRA. The designation of beneficiaries controls where the money is to go. If this is a mistake, the next of kin would have to dispute it.

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Answered on 2/23/08, 7:48 am


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