jane123 Posted July 7, 2004 Posted July 7, 2004 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
david rigby Posted July 7, 2004 Posted July 7, 2004 Does husband want to tell the judge "no I won't sign"? Can I be there to watch? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
mbozek Posted July 7, 2004 Posted July 7, 2004 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? mjb
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