Legal Question in Wills and Trusts in North Carolina

No. IRA's are non-probate assets, meaning they do not get probated. The funds are paid to the beneficiary named on the beneficiary forms. If that is not you, then you are not entitled to that information absent bringing some kind of lawsuit.

Befor you expend funds on lawyers, what are you trying to do here? Who do you think was the beneficiary? When do you think the person was made beneficiary? Whas your mother married at the time of death and if so had she been married for awhile? Did the beneficiary of the IRA proceeds do anything to cause your mother to make him/her the beneficiary?

Once funds are paid out by the named insurer, then your remedy is to sue the beneficiary of those funds and get a protective order from the court prohibiting the beneficiary from spending those funds. If you prevailed, the money would be paid to the estate for your mother and divided among her heirs/beneficiaries depending on if there was a will. Litigation is extremely expensive. How many thousands are we talking about here and does it justify hiring an attorney? Has an estate been set up for your mother? Who is the personal representative? Is he or she willing to provide you with any information?

Do not answer me. I do not need to know. But you need to think about these questions and the answers. Depending on the answers, you might even want to consult a probation litigation attorney who practices in the county/state where an estate is or would be pending for your mother as chances are any action could be brought there. If there is no estate for your mother, then seek to become the personal representative of your mother's estate. Once appointed then and only then can the insurer be forced to divulge information about the beneficiary to you provided that the funds have not been paid out.

If the funds have not been paid out and if you think there is something nefarious going on, then it might be possible to bring what is called an interpleader action. In that action, the insurer would pay the monies over to court and you and the named beneficiary could then fight about entitlement to the funds. Whoever prevails would then geet the funds.

Good luck.