Legal Question in Wills and Trusts in Nevada
if my home is worth 100k and i owe 200k if i die can mortage company take my ira and savings acct
1 Answer from Attorneys
If your IRA and your savings account will pass outside of probate to designated people, the answer is no. An IRA can have a beneficiary who will receive the account on your death. Probably you have already listed a beneficiary to get the IRA when you die. Likewise, you can list a beneficiary to receive your savings account when you die.
But, if you die and there are no listed beneficiaries for the savings account or IRA then there would be a probate proceeding and in theory the mtg. company might be able to make a claim on these assets. But a good probate attorney would very likely be able to prevent such a claim by doing a summary or general probate administration and publishing a Notice to Creditors with a 60 or 90 day time cut-off that the mtg. company would be very unlikely to meet. See my webpage http://probatenevada.net/EstateLiabilities.aspx at www.probatenevada.net