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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 29 years in Estate law
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As beneficiary of an IRA belonging to my deceased brother,

Resolved Question:

As beneficiary of an IRA belonging to my deceased brother, that may be in question as a
part of a divorce settlement, may I request full payment now. Does a settlement supercede my rights as beneficary?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Thanks for your question and good evening.Any inheritance here such as an IRA is considered separate nonmarital property.As such it shoudl be awarded to you in a divorce as your separate property.

As long as you have not comingled this into say a joint account with your soon to be ex husband again it should be awarded to you here as part of any divorce since it is an inheritance under Mississippi laws.

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
Here is reference to Mississippi Marital Property Law..if you notice they cover inhertiance as non marital property as long as it is not comingled.

http://www.jrwlaw.com/mississippi-division-of-marital-assets-law-lawyer-attorney.htm

Thanks again..
Expert:  RayAnswers replied 1 year ago.

I am sorry you rated me poorly.What follow up do you have.This is clearly non marital property if you inherited it from your brother regardless of whether you inherited it during the marriage if you did not co mingle it.It should be awarded to you as separate property by the judge.

 

Property brought into the marriage by one of the parties or inherited by one of the parties may qualify as non-marital separate property and may not be subject to equitable distribution unless it has been commingled with marital property or used for familial purposes.This should be your separate property because you inherited it as beneficiary of it.

 

You have the right to cash it in whenever you choose as it is your property and should be awarded to you by the court.

Please let me know what follow up you have here.I would be happy to follow up. I want to address your concerns.Thanks for letting me help.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29191
Experience: Texas lawyer for 29 years in Estate law
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