Legal Question in Wills and Trusts in Ohio

I am an executor for a trust & sole heir on the will. She had a brother who she left as benificiary on an IRA. I used to be his guardian but had to stop before she died. The brother has since been diagnosed with dementia & alhiemers. If he dies it will go to the nursing home. Do I have any recourse to change the benificiary? The estate has not been closed.


Asked on 3/08/19, 8:19 am

1 Answer from Attorneys
Christine Socrates Meyers, Roman, Friedberg & Lewis

You do not have authority to change the beneficiary once the account holder has passed away. An IRA with a named beneficiary is outside of the probate estate and trust. If the brother has a POA, that person may be able to disclaim the IRA proceeds and as a result, the contingent beneficiary or the estate would receive the IRA proceeds. You can contact my office if you need assistance.

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Answered on 3/11/19, 11:06 am


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