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Changing IRA beneficiary

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rom299

Junior Member
What is the name of your state? California
Can solo will beneficiary petitions the Court to transfer IRA funds into deceased' estate, if IRA beneficiary cannot be located?
 


adjusterjack

Senior Member
The beneficiary wouldn't have standing to petition the court on behalf of the estate unless the beneficiary was also the court appointed representative of the estate.

Meantime, what efforts have been made to locate the beneficiary.

I doubt that anything short of a private investigator's report would convince a court to make the order.
 

Taxing Matters

Overtaxed Member
What is the name of your state? California
Can solo will beneficiary petitions the Court to transfer IRA funds into deceased' estate, if IRA beneficiary cannot be located?
The first thing that needs to be done is read the IRA contract. It very likely sets out default beneficiaries in the event that no beneficiary is selected, the chosen beneficiary is dead, etc. It may be that if the named beneficiary can't get the distribution it might go to someone other than the beneficiary of the decedent's will. So the beneficiary or estate executor will want to know that before spending a bunch of money pursuing this.
 

FlyingRon

Senior Member
You were given good answers on the other forum (and you omitted details that would have given TM a better chance to answer you). If the beneficiary is absent/missing, then indeed you can petition the probate court to resolve the matter.
 

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