No spousal consent | Ed Slott and Company, LLC

No spousal consent

My client's husband died, and his IRA beneficiary designation was 50% to his wife, and 50% to his children. His wife did not sign a spousal consent, which I believe is required in California. The bank that holds the IRA claims they don't need spousal consent, and has already distributed to the children. What is the affect of the wife not having consented?[list][/list]

I'm not sure why he would need spousal consent on an IRA beneficiary arrangement, unless it was considered community property. But then she got her 50%, so I don't think she has much of a claim.

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