Estate IRA, estate currently in probate

Father (76yrs) passes, left traditional IRA to a brother who pre-deceased him. IRA was with JPM, who was extremely difficult to work with. My father’s JPM advisor refused to discuss options, deferring to Estate Services, despite being presented with Letters Testamentary by the Executor (me, the Son). JPM Estate Services refused to discuss with me as well, stating they would only discuss with ‘the attorney on record’. There was no attorney other than mine, representing the estate in probate court, and he did not contact JPM…so we were a bit concerned for the security of the funds. Several similar phone calls, led to a personal visit with a Chase branch (200 miles from my home); the bank advisor there was willing to discuss; presented me with the form required to transfer the IRA to the Estate. I was told the IRA would go to the Estate, and the form required the IRA be closed and the funds were transferred to the Estate Bank Account (with it’s own EIN). The estate probate attorney, the Chase bank advisor, my Father’s previous JPM advisor…no one provided any caution or advice that I had any other options available. Now, after a meeting again with the same Chase bank advisor and yet another JPM IRA advisor, I find out I should have set it up to rollover into individual estate heirs (5 heirs, age 30 to 80). But now the damage is done. Any advice for options now? Do I still have 60 days to place the money into separate beneficiary IRAs for each of the heirs, who then could choose to stretch or lump sum? Any advice is welcome. Also, if we had a ‘claim’ against Chase/JPM, worth exploring and how?



  • The 60-day rollover is only available for the IRA owner and his/her surviving spouse.  The Obama administration had proposed extending this to nonspouse beneficiaries several times, but it was never enacted.
  • Assuming the estate was the default beneficiary, the executor could have spread the distributions out over your father’s remaining life expectancy (as if he hadn’t died).  The executors could have distributed the inherited IRA in kind, in which case the beneficiaries could have set up their own inherited IRAs.  However, the beneficiaries would still have been limited to your father’s remaining life expectancy (as if he hadn’t died).
  • The beneficiaries may wish to consult with counsel as to whether they may have a claim against the executor.  If so, the executors may wish to consult with counsel as to whether they may have a claim against anyone.
  • Bruce Steiner

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