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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110424
Experience:  Attorney experienced in commercial litigation.
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Second opinion] - my father died leaving his IRA to his

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Second opinion] - my father died leaving his IRA to his wife, my stepmother. they have a trust. she did not have beneficiaries for the trust. I and 2 step brothers are beneficiaries of trust in 3 equal shares. one step brother is deceased. the living stepbrother wants to disclaim IRA. He lives in Canada, trust is being administered in Washington State. Can he disclaim IRA?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Trust is from Washington State
JA: Has anything been filed or reported?
Customer: What do you mean
JA: What confuses you?
Customer: What should be filed and reported and to whom
JA: Anything else you want the lawyer to know before I connect you?
Customer: Will IRA be poured over into trust and distributed over lifetime of last deceased (stepmother)?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, a beneficiary can refuse a gift/bequest in writing. So if the stepbrother wants to decline the beneficiary status, he must do so in writing to the executor or trustee saying he is voluntarily refusing or disavowing himself of the specifically mentioned bequest and that would be valid and the share would go into the estate to be distributed to any remaining heirs in line.
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