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My mother-in-laws husband in new york died a couple of months

My mother-in-law's husband in new...
My mother-in-law's husband in new york died a couple of month's ago. He had no will and she need's to put his 19,500.16 IRA he had in her name to become a spousal IRA. So what forms does she need and where does she take them to be made his representative and or heir to receive this?
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10/11/2013
JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1,726
Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
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DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Hello and thank you for using JustAnswer. I am very sorry for your loss. Please note that it may take a little back and forth before I am able to provide you with a full answer.

If she was listed as a beneficiary on the IRA she would notify the company of her husband's death and they would provide the proper forms to fill out. Many companies have policies where if the IRA owner was married at the time of death, the surviving spouse is the rightful beneficiary unless that spouse has waived the right in writing. The first step would be to check with the company regarding their process. Has your mother-in-law done that yet?

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1,726
Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
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Customer reply replied 4 years ago
I believe she was listed as bene so we can get forms from them but he had a two stock certificates also that are in his name only worth about 9,000.00 so what should she do to get put in her name?
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

OK, great! Then she would provide them with a copy of his death certificate and request the documents to transfer the stocks. She should let them know she wishes to roll the funds over into a spousal IRA.

With the stocks, some companies allow you to list beneficiaries as well. She should check with the company and see if that is the case. If not, his "estate" would be the default beneficiary. In New York, if the estate is small (under $30,000 in personal property) then the spouse can file a small estate affidavit. You can find it here along with do-it-yourself information: http://www.nycourts.gov/forms/surrogates/smallestate.shtml

She would file it in the county clerk's office (she should go to the probate court in the county in which he resided). Once it is signed, she would provide it to the company.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1,726
Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
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Customer reply replied 4 years ago
Does she have to go in person or can she mail the form certified to the clerks office?
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

You can typically mail probate documents in, but I would call the clerk first to ask whether you need to include a self-addressed stamped envelope for small filing fee, etc.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1,726
Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more
Verified
JaxLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask JaxLaw Your Own Question
JaxLaw
JaxLaw
JaxLaw, Lawyer
Category: Legal
Satisfied Customers: 1,726
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Experience: Estate Planning (i.e. wills, trusts, power-of-attorney doc.s, living wills, etc.), Probate and more

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