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Infolawyer
Infolawyer, Attorney
Category: Estate Law
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Experience:  Licensed attorney helping individuals and businesses.
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My mother passed in 2009. She left a Will which we had probated

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My mother passed in 2009. She left a Will which we had probated at the courthouse. I was the executor of the estate and ensured that items she called out in her Will were distributed. She has an IRA account that I later found out had a beneficiary set up as "Estate". I cannot have the IRA account transferred as they are asking for an Estate SSN. My mother lived in Virginia. I live in Tennessee.

What do I do need to do? They said I have to establish an Estate.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. I am sorry to read of this dilemma. When you probated the will, an estate was open and ein assigned? Is that estate open?
Customer: replied 1 year ago.

Not that I know of, I was not "aware" that such had to be done. We probated the Will and that was all the Probate Clerk told me had to be done. I was not aware that the Primerica IRA account beneficiary was stated to the "Estate". That is now the issue of getting those funds released.

Expert:  Infolawyer replied 1 year ago.
You have a couple of options. You may go to the bank and open an estate account and have an ein assigned to it with yourself as executor under it.

You may then seek to amend the probate to include this additional asset. This would normally be done by motion. The court clerk can help but it would largely be a motion supported by affidavit.

The affidavit would explain the probate and the recently discovered new asset that needs to be added. Al beneficiaries would be put on notice and given right to be heard. Then the estate would quickly close again and allow the distribution per the will.

If you retain local counsel, that is a further option and findlaw.com is a good directory for an estates lawyer locally.

Kindly click on a positive excellent rating for the answer.
Customer: replied 1 year ago.

So my options are to create a bank account and have an EIN assigned to it with me as the executor under it and then have the probate amended?


 


Or, seek legal council.


 


The will states that she leaves all the rest of her estate to her daughter (me). If that helps at all. I live in Tennessee and my mother lived in Virginia. So I can obtain legal council in Tennessee or would I need to obtain such in Virginia?


 

Expert:  Infolawyer replied 1 year ago.
That is correct. Legal counsel should be obtained in Virginia, where the probate happened. Good luck! Kindly click on a positive rating for the answer.
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 50124
Experience: Licensed attorney helping individuals and businesses.
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