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Can a person collect non-probate assets from probated assets?
My brother passed and left me as beneficiary on his IRA. My brother had him sign a will in the hospital the day before he died of Pancreatic Cancer to invalidate all named beneficiaries and that all his assets are to be split amongst 4 siblings. I know a designated beneficiary trumps a will (non-probate asset). Now my brother is trying to get the probate lawyer to deduct what he thinks is his share of my IRA from the assets that are in probate that are to be divided among the 4 siblings. Can he do this?
