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If my mom left my dad and we forgot to take her name off of an IRA account, now that he is dead how to I get this money from my mother?

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Home » Ask a Lawyer » If my mom left my dad and we forgot to take her name off of an IRA account, now that he is dead how to I get this money from my mother?

If my mom left my dad and we forgot to take her name off of an IRA account, now that he is dead how to I get this money from my mother?

I was left everything. Do I have case to get that money from her?

Asked on December 16, 2011 under Estate Planning, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It depends. In some sates a divorce does not effectively change a beneficiary designation unless the divorce decree makes a stipulation to change the beneficiary. So, unless a court order states otherwise, a former spouse may be entitled to receive IRA assets upon the owner's death. In other states, a divorce automatically eliminates an ex-spouse as an IRA beneficiary. In such a case, the proceeds are payable to the deceased's estate.

At this point you should consult with a probate attorney in the state in which your father was domiciled as of the date of his death. The laws of that jurisdiction will control just who is entitled to inherit these IRA proceeds.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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