In re the Estate of Trigoboff

OPINION OF THE COURT

Eve Preminger, S.

This application by the executor of the estate of Martin Trigoboff seeks a determination of the beneficiary of decedent’s individual retirement account (IRA). At issue is whether a *371testamentary disposition of an IRA in a will predating decedent’s marriage supersedes the IRA’s generic default designation in favor of the surviving spouse. For the reasons described below, the court holds that, absent evidence of a contrary intent of the testator, a specific testamentary disposition overrides a default designation.

Martin Trigoboff died on January 6, 1997,…