1-561-514-0900 FREE CONSULTATION

Florida Probate Laws: Will my IRA Funds Pass Intestate if I Die Without a Will?

Uncategorized Oct 21, 2016
post about Florida Probate Laws: Will my IRA Funds Pass Intestate if I Die Without a Will?

What happens to the funds in my IRA if I die without a will? Will they pass intestate? If I named my brother as the beneficiary of my IRA, will he have trouble getting the funds?

Property that passes intestate

  • Many assets will not be subject to intestate succession.
  • This is because only property that would have passed through your Florida will, property you owned alone, will pass intestate.
  • What assets will not be subject to intestate succession?
  1. Property transferred through a living trust.
  2. Life insurance proceeds (since you name a beneficiary)
  3. Funds in an IRA, 401(k), or other retirement account
  4. Securities held in a transfer upon death account
  5. Payable on death accounts and
  6. Property you own with someone else in joint tenancy or tenancy by the entirety.