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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I am the beneficiary of an IRA. The person that put me as beneficiary

Resolved Question:

I am the beneficiary of an IRA. The person that put me as beneficiary was my partner for over 6 years, most of the time we lived together. He was diagnosed with terminal cancer and given a prognosis of 6 months. He died after 2 months. His children have made the remark that since he died before the 6 months I should prorate the amount of the IRA which is 60,000.00. I have to add that his children did not make the offer to take him in their home. I also had health power of attorney.
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hi there:

I understand the circumstances, but I do not want to make any presumptions about your legal question. What specifically can I answer for you?
Customer: replied 7 years ago.
My partner had the IRA with the 4 grandchildren as beneficiaries but he decided that since I was the one that promised to take care of him until his death (he died under hospice care at my home), he told me he felt he should leave me something. I am in the will for about 7,000.oo. Everything goes to the daughter since he has not spoken to one son in 25 years and broke up with the other.
Expert:  Brandon M. replied 7 years ago.
What is the question!?! :)
Customer: replied 7 years ago.
Is it possible legally to challenge the beneficiary of the IRA since it came from the IRA that was set up for the 4 grandchildren. I feel the daughter thinks that since dad died before the 6 months that was given to live, the IRA should not be 60,000.00. My question is, what if he would have lived 9 months? My partner chose 60,000.00 because we hade been together 6 years and he had 6 months to live.
Customer: replied 7 years ago.
what do you need to know? I want to find out if there are ways to challenge the beneficiary. I must go to bed so if you have an answer send me an e-mail because I do not know what else to tell you.
Expert:  Brandon M. replied 7 years ago.
Hi again:

a person ordinarily has the power to determine how their estate should be disbursed upon their demise, and that's basically what your partner did. He could have given his estate to you, to me, or to the National Tuba Society if he so elected. I'm sorry that the kids feel cheated, but it was your partner's decision and he made it. I see no legal standing for them to dispute it, based on the information in front of me.

Let me know if more information is needed, and please remember to click "accept". Thank you.
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