non-spousal Roth IRA beneficiary without spousal consent
What would be the future consequences of assigning a non-spousal beneficiary to a Roth IRA without consent from spouse. The non-spousal beneficiary is an offspring of the relationship. And the Roth IRA is for one individual.
Permalink Submitted by Alan Spross on Thu, 2008-10-30 04:19
Recourse to set aside a beneficiary designation depends on the laws of the respective state of occupancy. Most IRA custodians will require a signed waiver or agreement of a non beneficiary spouse if they feel the laws of the respective state invite a legal challenge by that spouse.
A community property state is more likely to trigger an automatic spousal agreement requirement for the naming of a non spouse beneficiary. But even if the IRA custodian does not question the beneficiary designation, the spouse may still have a legal basis for challenge if they do not receive the entitled portion of the marital estate in total, considering all the assets in the decedent’s estate.