12/23/2021
It's been a while since I posted but this topic is clearly of interest to many of my clients: WHAT TO DO IF YOU INHERIT A TRADITIONAL (NON ROTH) IRA IN 2020 OR LATER?
WHAT TO DO IF YOU INHERIT A TRADITIONAL (NON ROTH) IRA IN 2020 OR LATER?
With the passing of so many of our parents, and many members of “the greatest generation”, we are often faced with challenging decisions that require some education before deciding what to do with inherited IRAs.
If you recently inherited a TRADITIONAL IRA, (2020 or later) you will need to become familiar with the SECURE (Setting Every Community Up for Retirement Enhancement) ACT, which applies to folks who inherited an IRA in 2020 or later:
The SECURE ACT differentiates IRA inheritance rules when it comes to mandated withdrawals (required minimum distributions, or RMDs) from inherited traditional IRAs between eligible designated beneficiary (EDB) and noneligible designated beneficiary (NEDB).
IN A NUTSHELL: Recall that if you inherit a traditional IRA, no matter your age, you MUST withdraw your RMDs. NEDBs are limited to 10-years from the year of the owner’s death to withdraw all funds form the IRA, however, RMDs for EDBs can be stretched over their lifetimes. N. B. Most situations are likely to be NEDBs, since EDBs are limited. Per the SECURE ACT, an EDB “includes a surviving spouse, a disabled individual, a chronically ill individual, a minor child or an individual who is not more than 10-years younger than the account owner.” NOTE: If you inherited the IRA from your mother or father, and you are not “a disabled individual, a chronically ill individual (or) a minor child”, you are a NEDB, and thus are limited to a 10-year term to withdraw all funds from the owner’s IRA.
“The 10-year rule requires the IRA beneficiaries, who are not taking life expectancy payments, to withdraw the entire balance of the IRA by December 31 of the year containing the 10th anniversary of the owner’s death.”
Be sure to follow the rules of RMDs properly, as there are hefty IRS penalties to pay for noncompliance.
HINT: Be sure to talk with your tax advisor because the RMDs rules are complex and the outcome will depend on your particular circumstances.
I hope this has given you some guidance and has been helpful to you.
Attorney James M Hughes
1432 Post Road
Fairfield, CT, 06824
[email protected]
www.fairfieldctelderlaw.com
“Strange isn’t it? Each man’s life touches so many other lives. When he isn’t around he leaves an awful hole doesn’t he?” Clarence Odbody, Angel 2nd Class to George Bailey (Movie: It’ a Wonderful Life, 1946). Welcome! Attorney James Hughes has over 37-years experience representing a la...