Based on the fact the will is the controlling document in this case, and it leaves everything to the grandson, my assumption is that the estate can disclaim the IRA to the sole beneficiary if the executrix directs the brokerage to do so. I would think that the executrix of the estate (Mother) could file a disclaimer with the IRA custodian (Morgan Stanley) as long as it's within 9 months of the decedent's death and it's specified that the IRA is being disclaimed to the sole beneficiary.
Try calling Morgan Stanley again and ask what specifically should be written in the disclaimer and provide a copy of the will.
Let us know how it goes.
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Marc Lusthaus
CPA
ROBERT S. LUSTHAUS, CPA PC
Plainview NY
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Original Message:
Sent: 06-26-2023 09:36 AM
From: Gabriel Bentovim
Subject: INHERITED IRA
If an IRA does not name a beneficiary but the will leaves everything to a grandson whereas the Mother is the executrix can the estate disclaim the IRA to the sole beneficiary if the executrix directs the brokerage to do so. In this case Morgan Stanley is telling the client they cannot do that.
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Gabriel Bentovim
HOFFMAN & BENTOVIM, CPAs PC
Commack NY
631-499-1500
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