Legal Question in Wills and Trusts in New Jersey

Condolences on your father's death. Your mother's IRA, if it named your sister as beneficiary, belongs to your sister. If her Will named beneficiaries, the Will should have been probated, and assets should not not simply have landed in your father's estate. Now both estates have to be probated and administered separately and in the order in which your parents died.

Consult an estate lawyer in the county where your parents or each of them resided at the times of their respective deaths.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I generally agree with Miriam. If your sister was the beneficiary named after your father it seems she is entitled to 100% of the account. This might be different if the beneficiary designation only named her as the secondary beneficiary if your father predeceased your mother, and the account became that of your father on your mother's death and is now part of his estate. Usually an IRA account has a specific beneficiary named and even if a Will says differently, the IRA beneficiary controls. More information may be needed to accurately respond to your question. This includes a determination in whose estate the account is currently registered (mother or father) and what any current beneficiary designation shows.