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My sister has an IRA and has just named her husband as 50%

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My sister has an...

My sister has an IRA and has just named her husband as 50% and myself her brother as 50% primary bebficary. She is moving the money a trustee to trustee. Does my sisters spouse have to sing off on such a designation?

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Submitted: 9 months ago.Category: Tax
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9/12/2017
Tax Professional: Robin D., Senior Tax Advisor 4 replied 9 months ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 18,044
Experience: 15years with H & R Block. Divisional leader, Instructor
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Tax Professional: Robin D., Senior Tax Advisor 4 replied 9 months ago

The answer is usually no. If you have an IRA, the rules are different. The spousal rules under ERISA don't control IRAs and the Tax Code doesn't require you to name your spouse as the beneficiary of your IRA. So, in general, you can name anyone as the IRA beneficiary without having to get your spouse's permission.

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