If a survivor inherits an IRA from their deceased spouse, they have numerous options for how to spend it:
- Roll the IRA over into another account, such as another IRA or a qualified employment plan, such as a 403(b) plan, as if it were your own.
Depending on your age, you may be compelled to take required minimum distributions if you are the lone beneficiary and regard the IRA as your own. However, in certain instances, you may be able to avoid making a withdrawal.
“When it comes to IRAs inherited from a spouse, Frank St. Onge, an enrolled agent with Total Financial Planning, LLC in the Detroit region, says, “If you were not interested in pulling money out at this time, you could let that money continue to grow in the IRA until you reach age 72.”
Furthermore, couples “are permitted to roll their IRA into a personal account. That brings everything back to normal. They can now choose their own successor beneficiary and manage the IRA as if it were their own, according to Carol Tully, CPA, principal at Wolf & Co. in Boston.
The IRS has more information on your options, including what you can do with a Roth IRA, which has different regulations than ordinary IRAs.
Choose when to take your money
If you’ve inherited an IRA, you’ll need to move quickly to prevent violating IRS regulations. You can roll over the inherited IRA into your own account if you’re the surviving spouse, but no one else will be able to do so. You’ll also have several more alternatives for receiving the funds.
If you’re the spouse of the original IRA owner, chronically ill or disabled, a minor kid, or not fewer than 10 years younger than the original owner, you have more alternatives as an inheritor. If you don’t fit into one of these groups, you must follow a different set of guidelines.
- The “stretch option,” which keeps the funds in the IRA for as long as feasible, allows you to take distributions over your life expectancy.
- You must liquidate the account within five years of the original owner’s death if you do not do so.
The stretch IRA is a tax-advantaged version of the pot of gold at the end of the rainbow. The opportunity to shield cash from taxation while they potentially increase for decades is hidden beneath layers of rules and red tape.
As part of the five-year rule, the beneficiary is compelled to take money out of the IRA over time in the second choice. Unless the IRA is a Roth, in which case taxes were paid before money was put into the account, this can add up to a colossal income tax burden for large IRAs.
Prior to 2020, these inherited IRA options were available to everyone. With the passage of the SECURE Act in late 2019, persons who are not in the first category (spouses and others) will be required to remove the whole balance of their IRA in 10 years and liquidate the account. Annual statutory minimum distributions apply to withdrawals.
When deciding how to take withdrawals, keep in mind the legal obligations while weighing the tax implications of withdrawals against the benefits of letting the money grow over time.
More information on mandatory minimum distributions can be found on the IRS website.
Be aware of year-of-death required distributions
Another challenge for conventional IRA recipients is determining if the benefactor took his or her required minimum distribution (RMD) in the year of death. If the original account owner hasn’t done so, the beneficiary is responsible for ensuring that the minimum is satisfied.
“Let’s imagine your father passes away on January 24 and leaves you his IRA. He probably hadn’t gotten around to distributing his money yet. If the original owner did not take it out, the recipient is responsible for doing so. If you don’t know about it or fail to do it, Choate warns you’ll face a penalty of 50% of the money not dispersed.
Not unexpectedly, if someone dies late in the year, this can be an issue. The deadline for taking the RMD for that year is the last day of the calendar year.
“If your father dies on Christmas Day and hasn’t taken out the distribution, you might not even realize you own the account until it’s too late to take out the distribution for that year,” she explains.
There is no year-of-death compulsory distribution if the deceased was not yet required to take distributions.
Take the tax break coming to you
Depending on the form of IRA, it may be taxable. You won’t have to pay taxes if you inherit a Roth IRA. With a regular IRA, however, any money you remove is taxed as ordinary income.
Inheritors of an IRA will receive an income tax deduction for the estate taxes paid on the account if the estate is subject to the estate tax. The taxable income produced by the deceased (but not collected by him or her) is referred to as “income derived from the estate of a deceased person.”
“It’s taxable income when you receive a payout from an IRA,” Choate explains. “However, because that person’s estate had to pay a federal estate tax, you can deduct the estate taxes paid on the IRA from your income taxes. You may have $1 million in earnings and a $350,000 deduction to offset that.”
“It doesn’t have to be you who paid the taxes; it simply has to be someone,” she explains.
The estate tax will apply to estates valued more than $12.06 million in 2022, up from $11.70 million in 2020.
Don’t ignore beneficiary forms
An estate plan can be ruined by an ambiguous, incomplete, or absent designated beneficiary form.
“When you inquire who their beneficiary is, they believe they already know. The form, however, hasn’t been completed or isn’t on file with the custodian. “This causes a slew of issues,” Tully explains.
If no chosen beneficiary form is completed and the account is transferred to the estate, the beneficiary will be subject to the five-year rule for account disbursements.
The form’s simplicity can be deceiving. Large sums of money can be directed with just a few bits of information.
Improperly drafted trusts can be bad news
A trust can be named as the principal beneficiary of an IRA. It’s also possible that something terrible will happen. A trust can unknowingly limit the alternatives available to beneficiaries if it is set up wrongly.
According to Tully, if the trust’s terms aren’t correctly crafted, certain custodians won’t be able to look through the trust to establish the qualified beneficiaries, triggering the IRA’s expedited distribution restrictions.
According to Choate, the trust should be drafted by a lawyer “who is familiar with the regulations for leaving IRAs to trusts.”
What happens to a traditional IRA when the owner dies?
Individual retirement accounts were intended to provide investment vehicles for individuals so that they could access their savings after they ceased working to cover costs. Individual Retirement Accounts (IRAs) can be employer-sponsored, as in a 401(k) plan, or they can be self-directed (IRAs).
These accounts are subject to a slew of Internal Revenue Service (IRS) regulations, including limits on annual contributions, fines for early withdrawals, and mandated distribution amounts based on the account holder’s age and life expectancy.
When a retirement account owner passes away, the account might be left to a beneficiary. Any person or entity chosen by the owner to receive the funds might be a beneficiary. If no beneficiary is named before the account is opened, the account is usually given to the estate.
The amount of flexibility a recipient has in terms of what can be done with an inherited retirement account, as well as the tax implications of the bequest, is determined by a variety of circumstances. The IRS has a wide range of rules and options depending on the type of IRA (traditional or Roth), whether a beneficiary was named, whether the account holder died before or after the start of “required minimum distributions” (RMDs), and whether the account’s sole beneficiary is a surviving spouse or widow.
Understanding the complexities of options available to a retirement account recipient is critical to meeting IRS requirements and maximizing the financial benefits of any inherited funds. Before taking any action affecting retirement accounts, owners and potential beneficiaries should get expert counsel.
Who gets the IRA when someone dies?
A beneficiary is any individual or entity designated by the account owner to receive the benefits of a retirement account or an IRA after he or she passes away. Any taxable distributions received from a retirement account or traditional IRA must be included in the beneficiary’s gross income.
Can I cash out an inherited IRA?
If you’re receiving an inheritance, it’s likely that the funds will come from the deceased’s retirement account. You may also be urged — or even told — to open an Inherited IRA.
Inherited IRAs (investment retirement accounts) are accounts created with monies left to them when an IRA owner passes away. They’re essentially the same tax-deferred vehicles as traditional IRAs. But how you, the benefactor, deal with them — well, that’s up to you. “It’s complicated,” says Louis T. Roth & Co., PLLC CPA Peter Riefstahl. “The rules differ depending on your relationship to the deceased, the age at which they passed away, and the type of beneficiary you are.”
Understanding the requirements is critical to making the most of the inherited IRA while avoiding IRS penalties. Here’s a quick rundown of how they operate.
An Inherited IRA, also known as a beneficiary IRA, is an account that holds funds inherited from a dead person’s IRA. Any style of IRA, including regular, Roth, Simple, and SEP-IRAs, can be used to fund an inherited IRA. It can also be funded with funds from the 401(k) plan of the deceased.
An inherited IRA can be opened at almost any bank or brokerage. The simplest alternative, however, may be to start your Inherited IRA with the same firm that handled the deceased’s account.
It’s crucial for tax purposes that the account is properly named — inherited and with both participants’ names. The title is usually something like: Inherited IRA Beneficiary of.
The IRA can be inherited by anyone who was identified as a beneficiary on the IRA documentation by the dead person. Even if the deceased’s will names someone else, it’s this designation that determines who inherits the IRA.
All beneficiaries can take use of the following options to cash out their inheritance: Take a lump-sum withdrawal from the deceased’s IRA and close it down — however this is normally not recommended because it can result in a hefty tax bill.
Beneficiaries are divided into two groups: those who have been designated (such as a spouse, relative, or acquaintance) and those who have not been designated (trusts, estates, charities).
Inherited IRAs can be set up by spouses. However, it’s normally more cost-effective to handle the deceased’s IRA as their own, either by transferring it to their name or rolling it over into another IRA.
Non-spouse beneficiaries, on the other hand, are required to open a separate Inherited IRA.
Aside from that, how you handle the Inherited IRA is determined on your relationship to the dead.
- You are unable to contribute any extra funds to them. You can manage inherited IRAs by changing the investments and buying and selling different assets, but you cannot make additional deposits.
- You must take money out of their account. The timeline varies, but sooner or later, you must entirely empty an inherited IRA. Even inherited Roth IRAs are subject to this rule. The inheritor of a Roth IRA, unlike the original account owner, is compelled to take distributions from the account.
The most flexibility belongs to spouses. If they’ve just inherited the deceased’s IRA or moved the money over into their own IRA, all they have to do now is start pulling money out when they age 72 — the same IRA rule of required minimum distributions applies (RMDs). If they have a new Inherited IRA, they either take the same distributions as the dead or recalculate the amount based on their own life expectancy.
Withdrawals from the Inherited IRA can be made in any amount at any time for most other people. The essential point: Following the death of the original account owner, the beneficiary gets 10 years (until the end of the calendar year) to take all assets from the Inherited IRA.
Let’s imagine Papa Joe dies on September 1, 2020, and his IRA is left to his adult daughter Jane. Jane establishes an IRA for her heirs. Her IRA is due to be emptied by December 31, 2030.
Missed withdrawals might have serious implications. The IRS will levy you a penalty of 50% of the amount you were scheduled to withdraw. This can be a substantial sum of money, depending on the size of the IRA you inherit.
Inherited IRAs are subject to the same tax laws as original IRAs. Money in the account grows tax-free, much like an IRA that you’ve funded yourself.
Traditional IRAs and SEP-IRAs, which have taxable withdrawals, are nonetheless taxable when withdrawn from their inherited counterparts. Any money you take out is taxed at your regular rate.
As long as the deceased’s initial Roth IRA account is at least five years old, inherited Roth IRA payouts are tax-free, just like any other Roth. Any withdrawn contributions are remain tax-free if it has been less than five years, but any earnings over that are taxable when you take them out.
The IRS does provide one benefit to recipients. Withdrawals from Traditional IRAs and withdrawals of earnings from Roth IRAs are usually subject to a 10% penalty if you’re under the age of 59-1/2. Inherited IRAs are exempt from the penalty.
Many retirement account rules, including inherited IRAs, were amended by the SECURE Act of 2019. It only applies to IRA assets inherited on or after January 1, 2020.
The non-spouse beneficiaries are the ones who suffer the most. Previously, these heirs were required to take cash from an Inherited IRA on an annual basis, but they could calculate the amount based on their own life expectancy. This sum, as well as the income tax due, may be modest depending on the beneficiary’s age. As a result, leaving IRAs to children or grandkids has become a popular estate-planning strategy.
But that is no longer the case. According to the SECURE Act, recipients must empty the inherited IRA after ten years of the original owner’s death. Disabled or chronically ill people, those who are within 10 years of the deceased’s age, and direct descendants under the age of majority are exempt. (They’re also subject to the 10-year withdrawal deadline after they turn 18.)
Anyone who establishes an inherited IRA before the end of 2019 can continue to use the existing life expectancy distribution criteria.
When you inherit a retirement account, unless you’re a spouse, your best option is usually to move the funds to an Inherited IRA. Until withdrawals are made, inherited IRAs continue to grow tax-deferred. Withdrawals are subject to the same taxes as the initial IRA account.
With the exception of spouses, most heirs must remove all funds from their inherited IRAs within ten years. They have complete control over when and how they remove funds.
“One may simply postpone withdrawals for a decade, allowing the account to grow (ideally), and then withdraw everything at the end,” Peter Riefstahl explains. “The crucial drawback is that this will drive you into a far higher tax band, reducing any gains you’ve accumulated over time.”
Inherited IRA regulations are complicated, and there are numerous variances. Our overview just covers the essentials. So, before making any decisions, speak with a tax or estates-law professional about your specific situation.
Can I cash out my deceased husband’s IRA?
- Transfer the funds to your own traditional or Roth IRA, whether it’s an existing account or one you’re starting now.
- Allow the money to pass to the contingent (alternative) beneficiary by refusing to accept it.
Contact the company that manages the account if you want to use any of these choices. It will come with its own set of documents for you to fill out.
Withdrawing the Money Now
Even if you’re under the age of 59 1/2, when penalty-free withdrawals are usually allowed, you can withdraw money from an inherited account without incurring a penalty. However, you will be required to pay income tax on the amount you withdraw.
Rolling Over the Account Into Your Own IRA
Survivor spouses are the only ones who can roll over inherited assets into their own IRAs. Though you do this, the funds will be treated as if they were from your own IRA. You can contribute to the account, and the withdrawal rules are the same as if the account had been opened in your name. You must roll over a traditional IRA, SEP-IRA, or 401(k) into a traditional IRA if you inherit one; if your spouse nominated you as the beneficiary of a Roth IRA, you can roll it over into your own Roth IRA.
Traditional IRA
The biggest advantage of rolling over a traditional IRA is that your required minimum distribution (RMD)—the amount you must withdraw each year after you turn 72—is calculated based on your age. Rolling over the account to your personal IRA if you were younger than your spouse affords you the benefit of greater tax-deferred growth. If your spouse is over 72 and has already begun taking distributions, but you are under 72, you will not be forced to begin taking distributions. Even if you’re over 72, your RMD would be lower if you were younger than your spouse, because the amount is calculated based on your statistical life expectancy.
If you’re under the age of 59 1/2 and think you’ll need money, don’t roll over your account. Because a rolled over account is viewed the same as if it were your own, you’ll be hit with a 10% early withdrawal penalty if you take money out before you’re 59 1/2. This penalty would not apply if you converted the IRA to a “inherited IRA” (see below).
Roth IRA
If you are eligible under tax rules, you can roll over your spouse’s Roth IRA into your own Roth IRA and continue to make contributions. With Roth IRAs, there are no required minimum distributions, so you don’t have to worry about that.
Withdrawals from a Roth IRA are generally not subject to income tax. (This is because, unlike most regular IRA donations, the contributions to the account were made with after-tax monies.) You’ll have to pay an early withdrawal penalty if you remove money from a Roth IRA that hasn’t been open for at least five years.
Opening an Inherited IRA
You can create a “inherited IRA” by converting an existing IRA or 401(k) account. If you’re under the age of 59 1/2 and want to access your money without incurring an early withdrawal penalty, this could be a suitable option.
It’s possible that you’ll have to take necessary minimum distributions each year. Your RMD will be calculated based on your statistical life expectancy. You must begin taking RMDs at the end of the calendar year after your spouse’s death if he or she was over 72 at the time of death. If your spouse was younger than 72, you might be eligible to postpone making withdrawals until he or she reached that age. (If you’re older than your spouse, this can be favorable.)
(Note: If your spouse dies before 2020, the eligible age for RMDs to begin is 70 1/2, not 72, because new legislation passed in 2020 does not apply retrospectively.)
It’s critical not to take money out of an inherited IRA account if you wish to start one. The transfer, known as a “trustee to trustee” transfer, must be done straight from the old account to the new one. You might owe income tax on the money if you don’t.
Disclaiming the Money
You don’t have to accept the money if you don’t need it and would rather it go to the dependent (alternative) beneficiary your spouse named. This is referred to as “disclaiming” the funds. You must disclaim the funds within nine months of your spouse’s death and before taking control of the funds. If you change your mind after disclaiming, you won’t be able to get your money back.
Why would you refuse money? From a tax aspect, it may make sense in some family situations. (If the beneficiary is in a lower tax bracket than you, for example, the taxes on distributions will be lower.) However, most non-spouse beneficiaries must exhaust the whole value of the retirement account within 10 years under the requirements of the SECURE Act, which went into force in 2020. Only a few exceptions apply:
- a young child (but once the child is no longer a minor, the 10-year rule applies)
- a person who is disabled or chronically ill (according to the IRS definition), and
Getting Expert Advice
The laws regulating the inheritance of tax-advantaged retirement assets are obviously complicated—and they change frequently. Consult someone who has experience moving retirement funds before taking any action, especially before touching the money in a retirement account you’ve inherited. Most plan administrators have specifically trained advisers who can walk you through your options; speaking with them is an excellent place to start.
What happens if an IRA is left to an estate?
Your non-retirement assets will usually pass according to your will, trust, or beneficiary choices after you die (e.g., life insurance). If you don’t have a will or trust, or if your beneficiary designations aren’t complete, your heirs will be determined by the laws of your state (or the state where you possess real property).
When it comes to IRAs and employer-sponsored retirement plans, the remaining money usually go to the specified beneficiary (or beneficiaries) when you die. Beneficiaries include spouses, children and grandchildren, trusts, and charity. Your estate may become the “default” beneficiary of your IRA and/or retirement plan benefits if you have a gap in your beneficiary choices. This could happen if all of your chosen beneficiaries pass away before you, and you pass away without naming a new beneficiary.
When you name your estate as the beneficiary of your IRA or plan, the money in the account goes to your estate first, then to your heirs according to your will. In terms of tax ramifications, having your estate as a beneficiary is almost always the worst option. Furthermore, you will forego some planning options and risk exposing your retirement assets to additional expenses, dangers, and creditors.
This discussion is only applicable to standard IRAs and employer-sponsored retirement plans. Beneficiary designations for Roth IRAs require special attention.
Does an IRA go through probate?
Traditional IRAs are governed by a complex set of rules. Six key differences exist between IRAs and other financial assets:
Regardless of what you specify in your will or living trust, your IRA account has a beneficiary who will receive your IRA upon your death.
In states where probate is difficult, this can save a lot of time and money.
Any IRA distributions are taxed as ordinary income, not at the lower capital gains rates.
When a person dies, most of their other assets incur a step-up in cost basis, wiping out all capital gains on those assets up to that point in time. IRAs, on the other hand, are a different story. The beneficiary of your IRA will pay regular income tax at his or her rate on any distributions.
You must first take a distribution, pay the income tax and any relevant penalties, and then make the gift if you want to contribute portion of your IRA to an individual or organization. For persons over the age of 701/2 who give $100,000 or less to a qualifying charity, there is an exception called the Qualified Charitable Distribution (QCD). If all of the QCD’s criteria are met, the distribution is deducted from your taxable income.
- The only asset in your estate subject to Required Minimum Distributions is a traditional IRA (RMDs).
When you die away, RMDs apply to both you and your beneficiary. The requirements for RMDs are particularly complicated, and they rely on whether the beneficiary is your spouse, the age difference between you and the beneficiary (if the beneficiary is your spouse), and whether you had begun taking your RMD prior to your death. While the IRS is fine with you having deferred growth in your IRA for many years, you must withdraw a portion of your IRA and pay ordinary income tax on it in the year you turn 72 (70 1/2 if you turned 72 before January 1, 2020). These RMDs will be renewed every year after that.
Does an IRA get a step up in basis at death?
“What do I do with the IRA in the estate?” an executor will question us several times a year. The IRA is often one of the estate’s most valuable assets, but the decedent may have considered his or her estate plan was complete once the will and trust documents were signed. Many well-intentioned settlors are unaware that IRAs are frequently distinct from other assets in their estate and may be exempt from their will or trust.
- An IRA beneficiary is usually not controlled by a will. The IRA account has its own beneficiary designation form, which determines who receives the IRA upon death, regardless of what is stated in the will. If the IRA’s intended beneficiary is the estate, which is normally not recommended, a will governs who receives the IRA.
- At death, IRAs do not get a step-up in basis. At the time of death, most assets held by the deceased receive a “step-up” in basis, which usually eliminates any gain that would otherwise be recorded. The owner’s basis is passed down to the IRA beneficiary without any basis adjustments.
- Ordinary income is taxed on IRAs. The sale of shares and the receipt of dividends are usually considered capital gains and are taxed at a lower rate. Any distributions from an IRA are taxed at ordinary income tax rates rather than capital gains rates.
- An IRA can’t be given away. You can’t give your beneficiaries all or part of your IRA before you die. To give the funds, you’d have to take a distribution and gift the proceeds to the beneficiaries, which would be taxed. Over 70-and-a-half-year-olds have an exception: they can give up to $100,000 to a recognized charity each year without having to report the donation as income.
- Required minimum distributions may apply to IRAs (RMDs). During the estate administration process, this is an aspect that is frequently forgotten. If the deceased was over the age of 70 and a half, they were compelled by law to take RMDs, which are the minimum amounts they must get from their IRA. Many executors overlook the fact that RMDs are required even after the death of the decedent. RMD requirements are complicated and change depending on who the beneficiaries are and their ages, so hiring a knowledgeable counsel is essential.
IRAs can be a pain for estate administrators, simply because the dead did not grasp the importance of properly planning for the transfer of the IRA account. While an IRA is not subject to probate, there are numerous other pitfalls for the unwary that much outweigh this minor advantage. Contact John Ure or one of our other experienced estate tax experts at 301.231.6200 if you or someone you know is planning for or trying to administer an estate containing an IRA.
When an estate is the beneficiary of an IRA?
Beneficiary: Estate or Trust As a result, if an estate is identified as an IRA beneficiary, payments must be made in accordance with the five-year rule if the IRA owner passes away before his RBD. (The RBD is usually April 1 of the year following the owner’s 72nd birthday.)
How is an IRA taxed in an estate?
Only by moving the assets out of the IRA, paying income tax, and giving the money away before you die can you retrieve your IRA out of your estate.
When you die, your IRA will be subject to estate tax, and your beneficiaries will be required to pay income tax on the assets released from the IRA.
However, the beneficiaries can take an estate tax deduction on their personal tax returns to offset the inheritance tax. Although the estate tax and the offset deduction would not be a perfect match, your beneficiaries would not face a double tax.
How do I avoid paying taxes on an inherited IRA?
With a so-called Roth IRA conversion, IRA owners can transfer their balance from pre-tax to after-tax, paying taxes on both contributions and earnings. “If they’re in a lower tax bracket than their beneficiaries, it would probably make sense,” Schwartz said.
What do you do with an inherited IRA from a parent?
Many people believe that they can roll over an inherited IRA into their own. You cannot roll an IRA into your own IRA or treat it as your own if you inherit one from a parent, aunt, uncle, sibling, or acquaintance. Instead, you’ll have to put your share of the assets into a new IRA that’s been established up and properly labeled as an inherited IRA — for example, (name of dead owner) for the benefit of (name of deceased owner) (your name).
If your mother’s IRA account has more than one beneficiary, money can be divided into separate accounts for each. When you split an account, each beneficiary can treat their inherited half as if they were the only one.
An inherited IRA can be set up with almost any bank or brokerage firm. The simplest choice, though, is to open your inherited IRA with the same business that handled your mother’s account.
Most (but not all) IRA beneficiaries must drain an inherited IRA within 10 years of the account owner’s death, thanks to the Secure Act, which was signed into law in December 2019. If the owner died after December 31, 2019, this rule applies to inherited IRAs.
How much can you inherit without paying taxes in 2021?
- Because of the extent of the inheritance tax exemption, only a small percentage of estates (less than 1%) are affected.
- The existing exemption, which was doubled as a result of the Tax Cuts and Jobs Act, will expire in 2026.
- The estate tax exemption has been recommended by the Biden administration as being significantly reduced.