Legal Question in Wills and Trusts in Washington

Re: IRA for Mother in Sons Community property

Your question leaves out an important fact: What the final beneficiary designation on the IRA was at the time of your brother's death? The first question is not whether the IRA is community property, but whether your mother was the designated beneficiary at the time of your brother's death. An IRA owner can change the beneficiary designation during his/her lifetime. If your brother changed the designation from your mother, then she would probably no longer be entitled to the IRA at his death. In California, an IRA with a beneficiary designation to a specific person would not be included in the probate proceeding--the funds would be transferred to the beneficiary at the time of death. This may not be the case in Washington. If you believe there is a problem with the beneficiary designation or otherwise, you should consult with an attorney in the locale where your brother resided when he died--an attorney who is independent of legal counsel who is handling the estate already.