Legal Question in Wills and Trusts in New York

IRA fund

A grandmother passed away without a valid will. Her estate passed through intestacy. There was also an IRA with the grandmother's son as named beneficiary.

Does the IRA go directly to her son? If so, will it reduce the amount of the other parts of the estate he receives through the intestacy?


Asked on 1/30/09, 2:21 pm

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: IRA fund

The IRA passes outside of intestacy. The contractual obligations of the specified beneficiary do not conflict with our detract from the remaining items in the estate.

So, no the IRA does not get included as part of the intestate estate for distribution purposes.

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Answered on 1/30/09, 2:24 pm


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