Legal Question in Wills and Trusts in Georgia

If a will states a 401k should be divided among 4 children but the ira states a beneficiary of only one of the children what happens?


Asked on 10/26/12, 12:41 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A 401K and an IRA are two completely different things. If the IRA has a beneficiary, that beneficiary gets the IRA and nothing passes the will. And since you say there is a 401K, if that does not have a beneficiary, the 4 children split it (if it does have a beneficiary that person gets it).

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Answered on 10/26/12, 3:14 pm

I agree. An IRA is a non-probate beneficiary designated asset. In most instances, there will be a designated beneficiary and the IRA will pass to that person. There are rules for taxation so I hope that is the case. The beneficiary does NOT have to share any of this money. If the testator wanted a different result then the testator should have provided that the IRA would be divided among the 4 children and not relied on a will.

A 401(k) should also have a beneficiary designation. If it doesn't, then it would be paid to the estate and distributed as per the will.

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Answered on 10/26/12, 5:12 pm


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