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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husband recently passed and until that time I did not

Customer Question

My husband recently passed and until that time I did not know that when he passed, we should have gotten paper work to change the beneficiary on his IRA, originally I had been named the contingent, his daughter primary and once we were married he ask that they switch it around, we just took for granted that it was done but no paper work can be found now. Is there any chance of getting this changed with no paper work now?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am very sorry to hear of your loss, please accept my condolences...

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Unfortunately if this was an IRA that he set up, then the beneficiary designation would remain however he set it up and how it was when he passed. If it was a 401K, then it would be governed by federal law, ERISA, and you would be the default beneficiary regardless of what the paperwork said. But IRAs are different and aren't' controlled by ERISA.

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So unfortunately if he passed with daughter named as the primary, the only way to change that now is if daugher voluntarily disclaims her rights in writing to receive the funds sent to the plan administrator. If she were to do that, she would be considered to have passed prior to husband and the funds would then pass to you as contingent beneficiary.

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thanks

Barrister

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