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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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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: 6 months ago.
Category: Legal
Expert:  Loren replied 6 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 6 months ago.

Any asset held in joint tenancy or with a stated beneficiary is is not included in the will.

So, the IRA is distributed to the stated beneficiaries in the percentages designated by the account.

Expert:  Loren replied 6 months ago.

If there is no percentage stated then it is split into equal shares.