Legal Question in Wills and Trusts in California

My dad passed away about a week ago and when do his paperwork for my mom we found that he had a small IRA along with the others in which he left my brother and I as beneficiaries.

My mom said I have to give her the money and that he made a mistake when he did this and if I did not give it I would be cheating her.

My dad left my mom very well taken care of and it isn't that much money. But, I did not even know that my dad had done this. Please tell me what my rights are?


Asked on 7/27/09, 12:55 pm

1 Answer from Attorneys
ROBERTA AVRUTIN Roberta Avrutin Law Offices

The IRA administrator will release the funds only to the named beneficiaries, upon presentation of death certificate, the claimant's identification and any required claim forms. Based on the facts you give, it does not appear that your mother has any legal right to those funds. Whether you decide to give her the IRA money that you obtain from the IRA will be your personal decision, but is not legally called for.

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Answered on 7/27/09, 6:49 pm


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