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In my experience, most IRAs have individuals named as beneficiaries. When someone dies the institution will then distribute the IRA assets to each of the beneficiaries into an IRA BDA (beneficiary IRA). In the cases that I have seen this will keep the assets out of probate which means the creditors cannot touch it. This is one very important reason to always make sure your beneficiary information is up to date and don't ever just list "estate" or leave it blank. Even if you pick a charity it is better than letting it go through probate. Same thing should go for life insurance policies, joint accounts with right of survivorship, etc.. The only thing creditors can usually go after are things that do not have bene's named and that go through probate. Creditors are paid first from estate accounts before beneficiaries get anything.

Always consult legal advice from the professionals. This is a typical scenario above but sometimes there may be loopholes or missing details.

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9y ago

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