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Not sure if what I am asking is clear, but I inderstand that an IRA is
distributed according to the beneficiaries named on the nomination
form for beneficiaries, not in your will. I understand that a will
could be contested, but is it possible to contest the distribution of
an IRA to nominated beneficiaries according to the form filled out?
I guess technically you can contest anything, but would it just be
thrown out? would there be a chance to change the nominated
beneficiaries after the IRA holder has deceased?
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phish <shipleyshapely@googlemail.com> wrote in
news:6m1qt3posjvt3rah5ag0nnlhn6jlqo3gcc@4ax.com:
Not sure if what I am asking is clear, but I inderstand that an IRA is
distributed according to the beneficiaries named on the nomination
form for beneficiaries, not in your will. I understand that a will
could be contested, but is it possible to contest the distribution of
an IRA to nominated beneficiaries according to the form filled out?
I guess technically you can contest anything, but would it just be
thrown out? would there be a chance to change the nominated
beneficiaries after the IRA holder has deceased?
On what grounds do you intend to challenge the naming of the beneficiary?
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On 16 Mar 2008, phish <shipleyshapely@googlemail.com> wrote:
Not sure if what I am asking is clear . . . .
What you apparently are trying to ask would be less unclear if you had
asked, in each instance separately, whether whichever of the following
statements are of interest to you ordinarily would be presumed
correct, i.e., would apply if the presumption stated directly or in
effect by each were not timely rebutted in a sufficiently
fact-specific and otherwise law-effective manner:
Rationalized as a matter of contractually created obligation
between an IRA's custodian and creator/ower, for purposes of
determining to whom any sums remaining in such account after its
creator/owner has died shall be distributed, the account's custodian
shall be bound by and so comply with the instructions (if any) in
writing (usually as stated in some sort of beneficiary designation
form) last provided when s/he was still alive to that custodian by the
account's owner/creator without any obligation on the part of the
custodian to inquire whether the deceased left a will or, if s/he did,
to inquire what that will provides;
If/when an IRA's creator/owner had designated in writing one or
more beneficiaries of his or her IRA other than his or her estate (or
other than the fiduciary of his/her estate in the fiduciary's
representative role as such), the contract to such effect ordinarily
is deemed to govern for the purposes of answering the, "Who gets
what?" question (but not all estate-related questions, such as, e.g.,
what if any estate tax shall be reportable and payable) as a matter
"outside" and so not affected by what the deceased's will (if s/he had
left one) provides;
Sums remaining in an IRA after its creator/owner has died are
payable to the account's creator's/owner's estate if s/he had
designated his/her estate as that account's beneficiary or if
(regardless whether deliberately or by inadvertence) s/he had failed
to designate any other identified person(s) as that account's
beneficiary;
Despite the above summarized "outside" or "without regard to"
references, there can be any number of variant ways in/by which the
owner/creator of an IRA can draft a will to account for the above
alternatives depending on what s/he wishes the beneficiaries of
his/her estate to receive in light of all the assets (i.e., including
any IRAs) s/he will have owned when s/he dies.
I inderstand that an IRA is distributed according to
the beneficiaries named on the nomination form for
beneficiaries, not in your will.
Unless you are using it in the senses referred to above, what you
think you mean by your "not in your will" phrase above is not clear
(and, indeed, you also do not make clear why you seem to believe that
what the owner of an IRA who died had directed in/by his or will is
likely to be relevant to much less important in answering the
questions of interest to you here).
* * * [I]s it possible to contest the distribution
of an IRA to nominated beneficiaries according to
the form filled out? * * * would there be a
chance to change the nominated beneficiaries after
the IRA holder has deceased?
Real-world answers will depend on who in relation to the account's
owner/creator and to all other if any interested persons the
contestant or would-be contestant is (i.e., on the relationships
between/among all the interested persons), on when and how any contest
is made/communicated, and (obviously!) on the claimed factual and
law-supported basis for whatever is the contest you have in mind.
Note, however, that you do not (even hypothetically) provide any of
this information connection with whatever is the account and whoever
are the persons you have in mind.
You are trivially correct to presume that "technically you can contest
anything" and yet apparently aware that so presuming but without more
would indeed be trivial; but you do not report, f'r'instance, whether
the nature of the would-be contest is a timely made and factually
well-supported claim to the effect that, despite the apparent
regularity of the documents associated with the account's creation and
which appear to be bona fide beneficiary designations, those documents
are forgeries and that the sums used to create the IRA in question
resulted from theft from the (putative) owner's safe deposit box, or
to the effect that the account's beneficiary designation was the
result of coercion or of fraud or of duress in the law related senses
of those terms, or to the effect that the funds used to establish the
account were the product of theft from the claimant/objector by the
account's creator; etc., etc.
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On Mar 17, 11:28=A0am, Deadrat <a...@b.com> wrote:
phish <shipleyshap...@googlemail.com> wrote innews:6m1qt3posjvt3rah5ag0nnl=
hn6jlqo3gcc@4ax.com:
On what grounds do you intend to challenge the naming of the beneficiary?
Sorry, for the clarification, I am not the one that would challenge
the beneficiaries, basically, i wanted to know whether if I left my
IRA to friends and charities, whether my sister or mother could
contest that (they obviously are not my dependents), I dont know what
grounds they would contest it, perhaps saying that I was not in my
right mind if i did not leave it to them or something! :-)
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Sorry, for the clarification, I am not the one that would challenge
the beneficiaries, basically, i wanted to know whether if I left my
IRA to friends and charities, whether my sister or mother could
contest that (they obviously are not my dependents), I dont know what
grounds they would contest it, perhaps saying that I was not in my
right mind if i did not leave it to them or something! :-)
So long as the beneficiary information was filled out correctly and was very
specific about the beneficiaries, it is very unlikely that it could be
successfully contested.
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