Legal Question in Disability Law in South Carolina

If a relative leaves her checking account, IRA, Money MArket Account to a specified person in her will, should those accounts still be listed as assets on the inventory sheet?

Asked on 9/23/10, 2:23 pm

1 Answer from Attorneys

John Jackson Law Office of John A. Jackson, P.C.

In most cases IRA's are not included in the probate estate and in most cases are not passed by the will but are given to the person listed as the beneficiary in the IRA documents. If both people are the same then there is not a problem. I would need to know more about the money market to be able to advise on it. It could be like a regular checking account which would be part of the estate or it could be part of an IRA which would not be part of the estate.

You do not have to include the IRA as part of the estate's assets. You may or may not have to include the money market account.

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Answered on 9/29/10, 2:36 am

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