IRA bene change to new wife | Ed Slott and Company, LLC

IRA bene change to new wife

Tom's wife dies. Her IRA is put into his IRA as spouse. He now has a new girlfriend, - fiance. Fiance refuses to sign a prenup in any form or content. Once they are married, can he change the beneficiary for the IRA (which contains assets from the deceased wife) to the new wife as the new sole beneficiary? Many thanks Bonnie Ploeger 650 368-5880 phone (fax 650 368-0172) ploegerbonnie@yahoo.com 10-16-07

It is now his IRA, so he can name anyone he wants as bene.

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If she won't sign a pre nup, why would he want to name her as beneficiary before he decides the pre nup was a bad idea? There may also be other potential issues if this is a community property state with respect to identifying each spouse's assets prior to marriage vrs community assets thereafter. Sounds like he needs complete asset protection and estate planning advice, particularly if there are children of interest here. A trust of various types could also be viable here.

My sentiments exactly....If the fiancée refuses to sign any form of a pre-nup, why would the gentleman want to make her the sole beneficiary of his IRA! :cry: Does he have children from the first marriage and does he have other assets that are protected for the benefit of these children? I may sound cynical, but "caveat emptor!" Janine
 

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