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How IRAs are Inherited


How IRAs are Inherited

If you pass away without using up all of the funds in your IRA, it’s very important that your heirs work with an experienced estate planning attorney like DANIEL T. FLEISCHER so that there are no mistakes made when the IRA distribution takes place. A recent post from, “What Happens to an IRA When Its Owner Passes Away?”, poses an important question. If the beneficiary designation form has been correctly completed, that’s great—but there are still steps that have to be carefully managed.

In some limited circumstances, the IRA owner’s will controls who receives IRA funds. But when? What if the IRA beneficiary form wasn’t filed, it doesn't list a valid beneficiary, or the form lists the estate as the beneficiary? This is a terrible result because it can expose the IRA up to creditors and it may cause the IRA to be treated as ordinary income in the estate, but unfortunately this does happen.

Beneficiaries inheriting an IRA have a few options. If the decedent hadn't yet turned 70½, then the beneficiaries can withdraw the entire balance of the inherited IRA within five years. If it’s a traditional IRA, then the beneficiaries pay income taxes on the amount they withdraw in the tax year when they withdraw the funds.

Another alternative: the IRA heirs can start taking regular distributions on an annual basis, using a life expectancy calculation like what IRA owners use when they turn 70½ and must take required minimum distributions from the account. This "stretch IRA" option has the greatest potential tax savings, especially if the heir is young.

In addition to these options, a surviving spouse who inherits an IRA has another option. Instead of treating the deceased spouse's IRA as a separate account, the surviving spouse can roll the assets over into an IRA in the surviving spouse's own name. The inherited assets are then treated the same way as any other IRA assets that the surviving spouse might already have owned.

An added detail: make sure that the financial institution properly titles the registration of the account. If the account is not properly named, there could be serious and expensive tax consequences. An experienced estate planning attorney will be able to help guide you through this process.

Do you live in Miami-Dade, Broward, or Palm Beach counties in Florida? Laws are constantly changing-- has your estate plan been reviewed in the last 2-3 years? Call me (954-888-1747) right away for peace of mind. I can help!

  • My practice is exclusively estate planning and probate,
  • I have prepared numerous estate plans in 16 years of practice,
  • I have administered estates and trusts through Probate all over Florida,
  • I am a Certified Financial Planner Professional™, and
  • I am here for YOU today and there for your FAMILY tomorrow.

Reference: (February 18, 2017) “What Happens to an IRA When Its Owner Passes Away?”

Why would we recommend D.T.F.? Several Reasons: Your ability to explain complex estate problems, clearly and patiently; your total lack of arrogance and pretense; a strong feeling that you are motivated by what you perceive is best for your client, rather than what would generate the largest legal fees; finally, and importantly, you are a lovely guy. A.C.

Two words cannot sum up the entire process of creating my “trust.” I enjoyed your attention to detail, your patience of explaining terms and conditions until I understood, also giving me copies to read and understand. Thank you for your suggestions on what was best for “me” but still allowing me to make my choice. Most of all, thank you for thinking of “me.” Wells Fargo said “you were the best” I cannot deny that. Again thank you very much for everything. Anna is an asset or a compliment to the firm. She is warm and very caring. It was great doing business. Thank you.