Legal Question in Wills and Trusts in Pennsylvania
Estranged spouse
My brother passed away recently. There is no will. He has 2 IRA accounts, one has his estranged wife who he has been seperated from since 1986 as beneficary, they were never divorced, the other IRA account was fairly new and aquired from a job buyout, my brother lived with my father the last 9 months of his life. Is the ''wife'' still likely to inherit the second account?
1 Answer from Attorneys
Re: Estranged spouse
Without a divorce he was at the time of death still legally married so she is entitled to elect to take the spousal share.
The IRA that has his wife as the beneficiary is not part of the estate as it goes to her on the basis that she is the beneficiary. The other being fairly new hopefully has a different beneficiary. If it does it might not be considered part of the estate either.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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