How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54365
Experience:  Attorney with 29 years of experience.
17027240
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

Mother in law left will stating that 35% go to her two kids

Customer Question

Mother in law left will stating that 35% go to her two kids and 10% go to each grand child. However, she had Ira' with direct benificiaries of her two kids. The question is, do those ira fall under the distribution percentages of the will or are the considered to be outside the will? What would is common practice in this situation?Sent from my iPad
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: Pennsylvania
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing has been filed yet
Submitted: 15 days ago.
Category: Legal
Expert:  Richard replied 15 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 15 days ago.

Good morning. The IRA's are not subject to the will. Certain assets pass outside probate and thus are not governed by the will. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. The IRA's fall within the foregoing categories.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Related Legal Questions