Phoenix, AZ asked in Estate Planning for Arizona

Q: My wife and I live inn Arizona. We both have IRAs . if either one dies does their ira become part of the total estate

We are puting 10% inheritance for our adult children in a will.

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1 Lawyer Answer
Marcus N. Seiter
Marcus N. Seiter
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: If you both name each other as the sole primary beneficiary of your IRAs, then when the first of you dies, that deceased-spouse's IRA will NOT be part of the probate estate, but will pass by operation of law to the designated beneficiary (in this case, the surviving spouse). If that is not your intent, then you may want to revisit and revise your beneficiary designations. I recommend you talk this through with a competent estate planning attorney so that your wishes will be properly carried out.

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