Yes, Individual Retirement Accounts (IRAs) can be transferred to heirs after death. However, many of the restrictions regarding use of the funds in an IRA remain on the account. Allowing the account to be inherited instead of just the money in the account does provide the opportunity for continued tax deferred investing, which can increase the value of the inheritance. However, the tax laws regarding inheriting an IRA can be very complex. Many of the rules will also depend on whether the inheritor is the spouse of the deceased.
Inheriting an IRA from a spouse is less complicated and provides more options than inheriting from a non-spouse. A spouse can decide to:
By keeping the account, either as a beneficiary or through a roll-over, the spouse can defer taking funds out of the IRA until the age 70 1/2, the point at which annual required minimum distributions begin. This deferral option can be a significant benefit for younger surviving spouses.
Non-spouses have fewer options and face more restrictions when inheriting IRAs. If the inheritor is not a named person, but rather a trust, estate, or other entity, all of the money must be withdrawn and taxed within five years, if the deceased had already begun withdrawing money from the account. If several beneficiaries are named, it is important that they divide account among themselves as soon as possible so that each beneficiary can decide how to handle their own account.
Generally, non-spousal inheritors have two options:
It is important that the inheritor make a decision and begin taking any minimum required distributions by December 31 of the year after the account owner's death to avoid taxes and penalties.
The tax laws regarding inheriting IRAs are very complex. There are many specific requirements and opportunities for penalties and taxes that a tax attorney can help you avoid. A lawyer can advise you of the option that is best for you and help you get the most out of the account.
Last Modified: 06-14-2018 08:07 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.