Legal Question in Wills and Trusts in Maine
Beneficiary left out
My father who recently passed away was predeceased by my mother. My sister and I thought that she was still beneficiary of his ira and a non-qualified annuity. Apparently my father changed it to name only my sister. His will says to split things 50/50. Can my sister redistribute half of the money to me?
Asked on 10/17/07, 7:06 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: Beneficiary left out
If your sister is the sole beneficiary of the IRA and an annuity, she is not bound by the Will that directs a 50-50 split. The Will only legally applies to estate assets, and IRA and annuity assets are not in the estate. However, if your sister feels morally bound to split the money with you, there is no legal reason as to why she cannot.
Answered on 10/18/07, 8:28 am