Legal Question in Wills and Trusts in Idaho
Will says that the estate to be split 5 ways, but the IRA only had one beneficia
My father passed in march, and a probate has been going on. My older brother the excutive to the will, informed me that my fathers IRA retirement only had him as the beneficiary. He says that the probate lawyer told him that he is the only one to get any of the IRA $29,000, and that the sale of the house and fathers checking account is the only thing that will be split five ways among the five children. The will was vague and only said that any money and property is to be split five ways. So does this really mean that he is the only one to get the IRA--name removed--or should they be included in the Estate.
2 Answers from Attorneys
Re: Will says that the estate to be split 5 ways, but the IRA only had one benef
The general rule is that property that is specifically given to a person by them being listed as a beneficiary on an account or insurance policy overrides the will. So it probably does go to him.
Re: Will says that the estate to be split 5 ways, but the IRA only had one benef
I don't know, but from the sounds of it, you need to have your own attorney look at this stuff. So do your other three siblings. One of my partners does this stuff and is good. Give us a call.
Jared B. Martens
(208) 322-6448
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