Q: Can my mother sue my fathers ex for my fathers ira , he has died in Texas
My father divorced my mother and she gave him everything including IRA, he has died in Texas and my mother did not know he was having an affair and married a woman , can my mother sue her fir the IRA
A: No she can not take any part of the IRA.
A:
Your mother has no claim against the IRA, but you might have a claim to the money.
First, you need to determine if the IRA has a "pay on death" endorsement or beneficiary designation and, if so, who is named. If your father named someone, whomever he named is entitled to the IRA.
Second, if your father did not name someone in that way, you need to determine if your father left a will and, if so, to whom did he leave his estate. If your father left a will, the will determines who is entitled to his estate including the IRA.
Third, if your father did not leave a will and did not specify someone in a "pay on death" endorsement or beneficiary designation to the IRA, as his child part of his estate will pass to you as an heir at law.
If the amount in the IRA is significant, you should consult a probate attorney.
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