Frundt & Johnson, Ltd.

Is an IRA part of your estate?

Home

Attorneys

Charles Frundt

Michael Johnson

David Frundt

Daniel Lundquist

Practice Areas

Agricultural Law/Drainage

Business Law

Civil Trials & Appeals

Corporate Law

Criminal Defense

Elder Law

Employment Law

Estate Planning

Family Law

Litigation

Medical Malpractice

Personal Injury

Probate Law

Real Estate Law

Tax Preparation Service

Workers' Compensation

Wrongful Death

News

News & Events

Archives

Resource Links

Contact Us

Customer Survey

How do you pass along your IRA to children or other beneficiaries after your death? Anyone (except for a widow or widower) who is a named beneficiary of an individual retirement account has to re-title the account to defer taxation on it. Re-titling the account is well worth the effort: You get to stretch out withdrawals across your life expectancy, delay the tax bite and potentially increase the investment’s value as it grows tax free until withdrawal at a much later time.

There is no official deadline for such re-titling, but practically speaking, you need to do it by the deadline for taking annual distributions from the IRA on December 31 of the year following the year in which the original IRA owner died.

If you have more than one heir that you wish to be equal beneficiaries of your IRA, you do not have to separate your IRA into one IRA for each beneficiary. An IRA with two or more designated beneficiaries can be divided into separate accounts, with each of the new accounts being re-titled. Once the account is split up, each beneficiary can use his or her own life expectancy to take the required withdrawals each year.

Each child or beneficiary can choose his or her own way of inheriting an IRA. In other words one child take a lump sum outright, and the others elect to spread withdrawals over their lifetimes. Separating the accounts gives each beneficiary autonomy to make their own choice.

It is important to note that if the original IRA owner already had started taking required minimum distributions, which begins no later than age 70½, you need to determine whether he or she had taken a distribution in the year of death. If not, the beneficiaries need to make the owner’s withdrawal by December 31 of the year of death-or pay a 50% penalty on the required withdrawal amount.

The rules are basically the same for inheriting Roth IRA’s from which heirs have to take withdrawals, but you don’t have to worry about the owner’s distributions, because none would have been required. Other retirement plans-including 401(k)’s, 403(b)’s and Keoghs, often have stricter rules, and it’s common for them to require a cash-out when the owner dies.

You may name a trust as your IRA beneficiary to manage and protect the assets from spendthrift children if you think your kids are going to blow it. However a trust could wind up paying higher income taxes than your heirs would. (The 35% tax rate kicks in on a trust when income exceeds $9,750, compared with $326,450 for individuals.)

The Internal Revenue Service could also decide that the trust doesn’t qualify as a “look-through” or “see-through” trust, meaning your heirs wouldn’t qualify to take stretched-out withdrawals-even though you may have set up the trust in the first place to make sure they did just that. If you spell out a lot of conditions that your heirs have to meet, or name a charity as an alternative beneficiary, the trust may not qualify.

 


Back to Winter 2005 Newsletter Menu

Disclaimer: The information contained on this site is not intended to provide specific legal advice nor does it create an attorney-client relationship.  An attorney-client relationship may only be created by an explicit agreement with one of the attorneys.  We will not accept specific requests for legal advice or offer specific legal advice over the Internet.  We do not intend to communicate with any person where such communication would violate any legal or ethical requirement in a jurisdiction.

© 2010 Frundt & Johnson, Ltd.