Legal Question in Wills and Trusts in Georgia

IRA.........does it go back to the estate?

Last year my father passed away. He left an IRA in the bank with my brother as the beneficary, three months after my father died my brother died. He never had it put in his name it remained as it did when my father took the IRA out. I am the exeutrix of my fathers estate, does the IRA go back into the estate znd how do I go about getting it ?


Asked on 7/14/99, 3:35 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: IRA.........does it go back to the estate?

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Hmm.. Based ONLY on the tiny amount of information you listed, I think that the IRA goes to your Brother's estate and not back to your father's estate. Thus, if you brother had a wife or children it would go to them. However, this shot from the hip answer is very dependent on what is listed in your father's will, your brother's will and any back up instructions in the IRA. You really need to read all those documents to determine what the answer is. Hugh Wood

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Answered on 7/20/99, 11:27 am


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