Free Estate Planning Forms

Pennyborn.com

Estate Planning

Financial Decisions

Title to Property

Social Security Benefits

Domestic Partners

For Women

State Laws

Newsworthy Cases

Estate Plan Tips & FAQs

Glossary of Terms A-G

Glossary of Terms H-N

Glossary of Terms O-Z

Unequal Shares

Dying Without a Will

Wills & Trusts

Types of Wills

Living Trusts

Other Types of Trusts

Trust Law

Fatal Errors in Execution

Codicils/Amendments

Inheritances

Will & Trust Disputes

Disinheriting an Heir

Community Property

Change My Will

Specific Bequests

Making Specific Bequests

Medical Decisions

Living Wills

Health Care POA

Medical Decision Laws

Terminal Illness

Right to Die

DNR Orders

Advance Directives

Children

Guardianship

Single Parents

Blended Families

Special Needs Trusts

College Funds

Medicaid for Children

Gifts to Minors UTMA

Adopted Children

NonMarital Children

Dependent Adult Child

Child Guardian Letter

Lump Sum Inheritance

Estate Taxes

Gifts and Gifting

Charitable Giving

The Marital Deduction

Find a Tax Professional

Generation Skipping Tax

Inheritance Tax

Estate Tax Info

Pets

Pet Trusts

Pet Retirement Homes

The Law on Pet Trusts

Funding Pet Trusts

Letter to Pet Guardian

Pet Owners Estate Plan

Pet Trust Info

Memorial Preferences

Funerals & Services

Cremation

Burial Options

Funeral/Burial Expenses

Organ Donation

Disposition of Remains

Funeral PrePaying

Write an Epitaph

List of Epitaphs

Burial Assistance

Write Last Wishes Letter

Life Insurance

Types of Policies

Viatical Settlements

Insurance Companies

Life Insurance Trusts

On Adult Children

Financial Planning

IRA's & Your Estate Plan

401K's & Your Estate Plan

Annuities & Your Estate

Find a Financial Planner

Long-Term Care Insurance

LTC Policy Fine Print

Inherited IRA's

Charitable Gift Annuities

Small Business

Types of Entities

Shareholders Agreements

Business Succession Plans

Selling the Business

Need for Liquidity

Probate

Probate of Small Estates

Probate an Estate

Probate Questions

Probate Lawyer

Executor Bonds

Free Probate Guide

Estate Administration

For Executors

Executor Checklist

Executor Powers

Creditor Claims

Estate Property Form

Tax Returns Due

Safe Deposit Boxes

File Will of Deceased

Death Certificate

Issues facing Seniors

Tips for Seniors

Info for BabyBoomers

Long Term Care

Assisted Living

Medicaid Planning

Dementia & Wills

Funerals and Medicaid

Books & Software

Estate Planning Books

Software

Will & Trust Books

Books About Probate

Funeral Planning Books

Medicaid Planning Books

Books for Trustees

Living Will Books

IRA 401k & Annuity Books

Estate Tax Books

Long Term Care Books

Last Wishes Planners

Free Estate Planning

Free Estate Plan Forms

Last Wishes

Estate Plan Coversheet

Estate Planning Worksheet

Pet Guardian Form

Contesting a Will

Holographic Wills

Undue Influence

Proving Undue Influence

More About Trusts

QTIP Trusts

CharitableRemainderTrusts

PowerofAppointment Trusts

Spendthrift Trusts

Dynasty Trusts

Minor's Trust

Crummey Trusts

Irrevocable Trusts

Terminate a Trust

Guide to Living Trusts

Benefits of Living Trusts

Living Trust Checklist

Living Trust Property

Revoke Living Trust

Forms for Trustees

For Successor Trustees

Trust Administration

For Trustees

Trustee Checklist

Living Trust Accounting

Trust Accounting

Open Trust Account

Administer a Trust

How to End a Trust

Trust Law Sources

Spouses & Partners

Spousal Share

Partner's Share

Joint Wills

Required to File Will

Disinherit-a-Spouse

Title-Property-Disinherit

Legacy Planning

Unwanted Pets

Animal Charities

Non-Probate Transfers

Pay on Death Accounts

Transfer on Death

Funeral Planning Guide

Best Funeral Songs

Last Wishes Letter

How to Plan Your Funeral

Greedy Heirs

Adult Child's Inheritance

Protecting Parents From

Greedy Siblings

Estate Planning Questions

Safe Deposit Box

Leave Stock in Your Will

Questions-About-POAs

Why Leave Last Wishes

Heirs and Beneficiaries

Debts Owed to Deceased

 
What is an Inherited IRA?
An Inherited IRA is a retirement savings account opened by the beneficiary of a deceased owner’s Traditional, Roth, Rollover, SEP, or SIMPLE IRA to continue to grow inherited funds on a tax deferred basis for retirement. The owner of an inherited IRA will be required to take distributions which are determined by the following factors: a. the age of the original retirement account owner at the time of death; b. the type of retirement account inherited; c. the relationship of the beneficiary to the original retirement account owner; and d. the type of Inherited IRA opened by the beneficiary. The owner of an Inherited IRA cannot make additional contributions to the account.


What to Do When You Inherit an IRA
When most people learn they have inherited an IRA or 401k, it is at a time when they are grieving the loss of someone close to them. An inherited retirement account comes with deadlines and important decisions to be made. The person who named you beneficiary of their retirement account probably wanted you to use it wisely. Yet making decisions about how to handle your inheritance may be very stressful, especially if you have no experience with investing or never had a retirement account before.

If you recently inherited funds held in an IRA or an employer sponsored retirement plan such as a 401k, there are several steps you can take to ensure you prudently manage your inheritance:

First, read all paperwork or instructions provided by the custodian of the retirement account. Highlight any deadlines or dates by which you must take action and note them on your calendar. Complete any forms required to verify your status as a beneficiary and supply all requested documentation.

The second step is to learn about your options regarding the inherited assets. Most IRA and 401k custodians have a designated phone number for beneficiaries to call with questions. Use your first call to the custodian as an opportunity to get information and educate yourself about your options, without making a commitment about your decision. It is generally a good idea to avoid taking any final action regarding your inheritance during the first call. A sales representative of the custodian may try to persuade you to take certain actions to keep the funds invested with their firm. While you may ultimately decide to invest your inherited funds with the custodian, you are under no obligation to take action immediately, provided you take action prior to the expiration of any deadlines. When you contact the custodian, ask the representative to explain your options. Take notes so you can evaluate each option later.

After you understand your choices, the third step is to get advice from a trusted advisor. Whether you inherit $5,000 or $500,000, the money left to you in a retirement account could play an important role in your future financial security. If you are not an experienced investor, consult a certified financial planner or CPA. If you do not have an advisor, ask friends, relatives or colleagues for a referral. Meet with the advisor and ask for a recommendation about how to handle your inheritance based on your current circumstances and financial objectives. However, never let a financial advisor sell you something you are not sure about. If the advisor tries to persuade you to make an investment, ask the advisor how he or she is compensated. Do your research and take the time you need to make a good decision. See Questions to Ask Your Financial Planner for more information.

After receiving professional advice about your inheritance, it is time to make a decision. Contact the retirement account custodian and submit any required paperwork to carry out your decision within the applicable deadlines.


Inherited IRAs and Estate Planning
An estate planning guide with excellent coverage of IRAs, 401ks, and other retirement accounts is Die Smart: 11 Mistakes That Cost Your Family When You Die. This book explains how to maximize the tax deferred value of retirement accounts when planning your estate. It features information on the distribution rules that apply when a beneficiary inherits a retirement account. Die Smart: 11 Mistakes That Cost Your Family When You Die explains the rules applicable to both spousal and nonspousal beneficiaries of IRAs, 401ks, and other retirement accounts. In addition, this guide covers other essential issues that should be considered when making an estate plan.

Note: This page provides a summary of the general rules that apply when a beneficiary inherits an IRA. However, the federal and state laws applicable to retirement accounts change frequently. Inherited assets can increase your income and estate taxes. Only a tax advisor and estate planning lawyer licensed in your state can properly advise you regarding the distribution options available to you with an inherited retirement account.



 
Deadlines Apply When You Inherit a Retirement Account
If you inherit an IRA with other beneficiaries, you should open your own Inherited IRA to hold your share of the inherited funds no later than December 31 of the year following the original account owner’s date of death. If you fail to open a separate account within the required time frame, the required minimum distributions from the account, called RMDs, will be based on the life expectancy of the oldest beneficiary.

If the original account owner was already required to take RMDs at the time of his or her death, but the required minimum distribution was not taken during the year in which the original owner died, the beneficiary must withdraw the RMD by December 31 of the year of the original owner’s death. If the beneficiary fails to take this RMD, the beneficiary will owe a federal tax penalty in the amount of fifty percent of the RMD amount.


If You Inherited IRA From Spouse
If you are the beneficiary of an IRA from your deceased spouse, you have the following options:

1. Withdraw the funds in a lump sum distribution and pay applicable income taxes. This type of withdrawal may push you into a higher tax bracket.

2. Transfer the funds to an Inherited IRA. You can begin taking withdrawals immediately from the Inherited IRA or choose to only take the required minimum distributions or RMDs.

3. Roll over the inherited funds to your own existing IRA, or a new IRA in your name, and take only the RMDs based on your own life expectancy. Only a spousal beneficiary can roll the inherited funds into his or her own existing IRA. This may be the best option for a surviving spouse who wishes to keep the inherited funds growing tax deferred to the greatest extent possible. However, if you need to withdraw funds prior to age 59 ˝, you will pay a federal tax penalty unless an exception applies.

4. Disclaim the inherited funds, or a portion of them, within nine months of the death of your spouse so they will pass to the contingent beneficiaries or next beneficiaries in line to inherit them. If you do not need the funds and are concerned about income or estate taxes, this may be a good option, particularly if you want another named beneficiary to inherit.


If You Inherited IRA From NonSpouse
If you inherited a retirement account from a parent, other relative, friend or anyone other than your spouse, you have the following options as a NonSpousal Beneficiary:

1. Take a lump sum withdrawal of the inheritance, include the distribution amount in your annual gross income, and pay applicable taxes.

2. Roll over the inherited funds to an Inherited IRA and begin taking the required minimum distributions or RMDs based on IRS requirements. Note: A nonspouse beneficiary cannot roll the inherited funds into his or her own IRA in the beneficiary’s own name.

3. Disclaim the inheritance, or a portion of it, within nine months of the death of the original account owner, so it will pass to the contingent beneficiaries or next beneficiary in line to inherit. If you do not need the funds and are concerned about income or estate taxes, this may be a good option, especially if you want the funds to pass to the next beneficiary in line to inherit.


Site Map 

 

Copyright © 2009-2012 Pennyborn Planning.  All Rights Reserved.  Pennyborn and Pennyborn.com are trademarks of Pennyborn Planning and may not be used without written authorization of the company. No part of the content on this site may be reproduced, copied or distributed without prior written permission of Pennyborn Planning.  INFORMATION ON THIS SITE, INCLUDING ARTICLES, ESTATE PLANNING FORMS, AND THE ESTATE PLANNING BLOG, IS NOT LEGAL ADVICE.  All content on Pennyborn.com is for educational, informational purposes only. Your use of this site does not create an attorney-client relationship.  We make no representations or warranties regarding the accuracy or completeness of any content or forms displayed on this site.  Do not rely on this site as a substitute for professional advice.  Consult a licensed attorney, tax professional or financial planner.