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IRA distribution

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fitzgerald77

Guest
My father lives in a community property state. He retired previous to his current marriage. It is my belief his wife signed a waiver stating she was aware of his IRA beneficiary designation, although I have not been supplied a copy of the waiver.

His IRA's beneficiary is his "estate" (I have been supplied a copy which doesn't include wife's waiver). His will stipulates "Any property received by trustee, including, but not limited to, proceeds from life insurance or from qualified pension or profit sharing plans, that is not specifically allocated to a particular trust or for a particular purpose shall be distributed or allocated in accordance with the provisions for distribution of my residuary estate".

My fathers will has a bequest for a "gift to marital trust". There is not enough monies left to cover this "gift" even if his IRA was to be included. Nor is a particular fund for the marital trust mentioned.

His children are the beneficiaries of his residuary estate.

Can the IRA be fed to the marital trust via the estate? Or should the IRA pass under the provisions of his residuary estate and therefor his children?
 



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