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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7402
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My brother died. In his will he left everything to myself and

Customer Question

my brother died. In his will he left everything to myself and his other brother. He had an IRA which he named his mother as his benif.Our mother died 7 years ago and left everything to myself and my brother. How do we get the Ira transferred to us
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
my mom left everything in a trust
Expert:  LegalGems replied 1 year ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended. My sympathies for your family's loss.
The IRA administrator will need to be contacted, because when the named beneficiary predeceases the IRA owner, the terms of the IRA dictate how the IRA is to be distributed.
The options are:
- The spouse is the beneficiary;
- If there is no surviving spouse, the surviving children is the beneficiary-Per Stirpes or Per Capita;
- If there is no surviving spouse or surviving children, the estate of the retirement account owner is the beneficiary.
The above is spelled out in the "default policy" of the IRA.
If it provides for #3 above, the IRA is paid to the estate, and the executor distributes it according to the terms of the will.
Information on Florida probate here: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/92f75229484644c985256b2f006c5a7a?OpenDocument
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