jane123
Jul 7 2004, 03:48 PM
Divorce decree awards wife 50% of IRA assets to wife.
Husband refuses to sign instructions to transfer assets to wife’s IRA.
Is husband’s signature required? Or can wife sign instructions?
We need signature for instructions on how to breakdown the sharing of the assets .
Thanks in advance for your assistance
Does husband want to tell the judge "no I won't sign"?
Can I be there to watch?
mbozek
Jul 7 2004, 06:11 PM
See IRC 408(d)(6)- IRA is divided in accordance with divorce decree or property settlement order. If there are no instructions on how to divide the assets the custodian must wait for a court order because the custodian has no discretion to select the division of the assets. By the way who drafted the divorce decree without specifying how the IRA assets are to be divided? The lawyer should have read the IRA custodial account agreement. How can the wife sign the instructions when she is not the IRA account owner?
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