• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

If trustee is evasive, how can I find out the IRA account that I am a beneficiary to?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

muckyouraces

Junior Member
What is the name of your state (only U.S. law)?
California

My aunt told my brother and I that she listed us as beneficiaries on her IRA account a few years ago. My aunt passed away a couple months ago. I do not know the name of the IRA company. My cousin is the trustee of her estate and she appears to be reluctant to "help my brother and I out" with this--since there is no benefit to my cousin.

I am almost getting the feeling that she is up to something though or did something (like change the beneficiary info on the IRA). My cousin was power of attorney for a few months before my aunt died.

How can I find out the IRA company if the trustee will not cooperate? I was going to go on my own "wild goose chase" to find the IRA company but the trustee will not send me a copy of the death certificate. Do I have a right to a copy of the death certificate if I am listed as a beneficiary to the trust?
How should I proceed? I would like some clarity on this before the 120 days is up to object to the trust.
 


FlyingRon

Senior Member
Unless the account has a trust or estate as a beneficiary, the trustee or executor has no responsibility towards that account or whoever might be beneficiaries. It's not up to the executor do do your leg work, either to research accounts or provide death certificates.

Your post is confusing as you mix terms "IRA account", "estate", and "trust" around randomly. Perhaps you should consult a lawyer who might be able to decipher what it is you're talking aboiut.
 

curb1

Senior Member
If you and brother were listed as beneficiary for the IRA account, your cousin would have nothing to do with it. The assets would go directly to you and brother.

Was there a trust involved? Have you seen the trust? How do you know for sure that you are a beneficiary of the trust? Your cousin has a legal duty to follow the directions of the trust whether, or not, the cousin benefits. You should be respectful in your communication with your cousin.
 

Kiawah

Senior Member
Assuming you are able to find the IRA company and confirm that you are the beneficiary, be sure to contact a financial planner and tax advisor BEFORE you accept the IRA and fill out any paperwork. You need to understand the tax advantages/implications of accepting it as an inherited IRA, versus it being cashed out and inheriting a lesser amount because of the taxes.
 

OHRoadwarrior

Senior Member
In the real world...

Yes, the "executor" of your aunts estate is charged with helping you get info to claim an inheritance. Yes, it is possible, if someone had access to your aunts financial info, they pretended to be her and changed the beneficiaries.

I just went through a similar circumstance with a relative. Luckily, we managed to recoup hundreds of thousands of dollars, literally at the last minute. Fortunately, we had a somewhat complete asset list to work from, so it appears only a few hundred thousand was misappropriated from what should have been there.
 

muckyouraces

Junior Member
to curb1--How would the assets go to my brother and me if the IRA company never finds out? Aren't we in a catch 22 because in order for us to get the money, the IRA company needs to find out of her death. But in order for the IRA company to find out don't we need to inform them--we don't know who to inform. Who else is going to inform the IRA company?
 

muckyouraces

Junior Member
to curb1-Also, yes there is a trust. I have seen the trust. I know for sure I am a beneficiary of the trust. The IRA is not mentioned in the trust, but I know for sure she had one because my aunt told me and the amount that was in there-about $30,000-$40,000. I also saw a copy of the beneficiary form she had to fill out for the IRA. I do not have a copy of that beneficiary form and this is the reason I am in this predicament.
 

FlyingRon

Senior Member
If you are a beneficiary of the trust, you have the right to see it. The trust and the estate are two different entities, even if the trustee and the executor respectively happen to be he same person. Again, unless the beneficiary of the IRA is the trust or estate, the trustee/executor has neither the obligation nor the capacity to do anything about it. If the trustee won't provide the information that he is obliged to provide, your best bet as stated, is to see a lawyer. Sometimes it just takes a stern letter to shake things loose. The lawyer can always demand the info on the IRA (though I disagree with others that he has any obligation to provide it).
 

curb1

Senior Member
muckyouraces,

Someone has all the financial records for your aunt. Is this the cousin? Have you directly asked her these questions? There is a real possibility that "aunt" spent the assets from the IRA. She would have been required at age 70 1/2 to make withdrawals from the IRA. The money could easily be gone.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top