Legal Question in Tax Law in New York

IRA inheritance

I am the sole beneficiary of my

mother's IRA CD, but my brother and

I are co-executors of the will which

states we should share all assets

50/50. Which takes precedent? Is

there any way to give him $$ for him

to put in an IRA CD without paying

taxes now on the money?


Asked on 3/19/09, 6:18 pm

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: IRA inheritance

The beneficiary designation on the IRA takes precedence over the terms of the Will. That means that you are the only person entitled to the proceeds of that IRA and you are the only person that will be able to roll it over.

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Answered on 3/19/09, 6:23 pm


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