Quote:
Originally Posted by Electrician4you
After death whoever is the executor of the will disburses the assets and settles the estates liabilities.
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However, as noted, in the case of an IRA and certain other items, they are distributed after death as a matter OF LAW (beneficiary designation with the IRA) and the will does NOT control their distribution.
For example, if my will says "at my death, all of my stuff goes to my niece" but my IRA beneficiary designation is to my nephew, then the IRA goes to my nephew, period (barring highly unusual circumstances).
ETA- that is only addressing the limited issue of distribution of certain assets at death. As noted, we don't know the specifics of what is going on in the current situation. Yes, if a sister is "cashing out" mom's IRA and somehow "keeping the assets for herself", that would be a Bad Thing and should be actionable. But we don't really have a clue. And no, the OP's husband in general would NOT be "getting" IRA assets. It's entirely possible that sister HAS to pull out assets from the IRA (RMDs), and those assets are being used to help pay for mom's care.
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