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#1975789 - 11/12/14 06:49 PM Spousal Consent - non spouse beneficiaries of IRA
Florida Offline
New Poster
Joined: Nov 2014
Posts: 2
If an account holder of an IRA resides in the State of Pennsylvania but opens his/her IRA in a bank in Florida does the spousal consent rule apply for naming a non spouse as the primary beneficiary?

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#1975883 - 11/12/14 09:25 PM Re: Spousal Consent - non spouse beneficiaries of IRA Florida
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
What State law is referenced in Article IX of your IRA custodial agreement.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1975991 - 11/13/14 03:08 PM Re: Spousal Consent - non spouse beneficiaries of IRA rlcarey
Florida Offline
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Joined: Nov 2014
Posts: 2
Our IRA Simplifer does not have an Article IX; however, in Part 6 under the heading Spousal Consent it reads "Spousal Consent should be considered if either the trust or the residence of the IRA owner is located in a community or marital property state." Pennsylvania is not considered a community property state so I would think spousal consent is not required. Is this correct?

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#1975998 - 11/13/14 03:19 PM Re: Spousal Consent - non spouse beneficiaries of IRA Florida
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
It is my understanding that neither PA or FL require spousal consent.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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