Legal Question in Wills and Trusts in New York

irabenificary

i am the benificary of my brothers ira. he passed away about 6 weeks ago,but the probate lawyer has not notified the bank yet. ireally dont want any distrubions to go into his personal account, but if it does will i be able to claim it from the estate


Asked on 7/02/09, 12:51 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: irabenificary

Actually, you, individually, should contact the administrator of the IRA and arrange for distribution or one of the alternates available.

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Answered on 7/02/09, 12:55 pm
Walter LeVine Walter D. LeVine, Esq.

Re: irabenificary

I agree with Norman. If you are the designated beneficiary on the Plan documents, you can process your claim directly. However, it you became the beneficiary through his Will, you must work with the Executor. Payments made through the Estate, which you were entitled to (those paid after the date of death and relating to periods after the DD) should be paid to you. If a payemnt was made after the DD, but related to a period prior thereto, are properly part of the Estate.

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Answered on 7/02/09, 1:29 pm


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