Is an IRA part of an estate?

Question Details: My father-in-law passed last year and had my husband listed as beneficiary of all his IRA accounts. He also had he and my husband's names on his checking and savings accounts. His Will states that his estate is to be divided 60/40; my husband gets the 60% and his brother the 40%. However, his brother seems to think the IRA accounts are a part of that 60/40. We have been told by 2 different attorneys that these belong to my husband and they are his to do with what he wants to. Is that the case?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to and retain an attorney to represent you.