Estate Planning and IRAs

by | Mar 28, 2023 | Inherited IRA | 5 comments




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Individual Retirement Accounts (IRAs) have become a popular vehicle for retirement savings since their introduction in the United States in 1974. With the added benefits of tax-deferred growth and potential tax savings, a significant portion of an individual’s retirement assets can be held in an IRA. However, there may be unforeseen consequences for heirs who inherit an IRA after the account holder passes away. This is where estate planning becomes crucial.

One important aspect of estate planning is to designate beneficiaries to receive the assets from your IRA upon your death. This not only ensures that your wishes are followed but also provides more flexibility and tax advantage to the beneficiaries. It is essential to carefully consider who your beneficiaries will be, as it may have significant tax implications.

When a non-spouse inherits an IRA, they can either withdraw the entire balance immediately, which may result in a significant tax bill, or they can extend the distributions over their lifetime. The ability to extend the distributions is called a “stretch IRA” and allows the beneficiary to defer taxes and potentially capitalize on tax-deferred growth for decades. However, if the IRA does not have a designated beneficiary, or the beneficiary is not an individual, such as a trust, the stretch IRA option may no longer be available.

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Another option for IRA owners is to name a trust as the beneficiary. Trusts can provide an added layer of asset protection and control over how the assets are distributed. However, there are specific rules and requirements for trusts to qualify as a designated beneficiary, which can impact the ability for the beneficiaries to stretch the distributions.

For example, a trust must be considered a “see-through” trust, meaning that the trust beneficiaries are identifiable and their life expectancies are used to calculate required minimum distributions. If the trust does not meet these requirements, it may be treated as a non-individual beneficiary and subject to a shorter distribution period.

The new SECURE Act, which went into effect on January 1, 2020, has also affected the rules surrounding inherited IRAs. Under the new law, most non-spouse beneficiaries must withdraw the entire balance of an inherited IRA within ten years of the original account owner’s death. This change may have significant tax implications and highlights the importance of carefully considering the designation of beneficiaries and the timing of distributions.

In conclusion, incorporating IRAs into estate planning is crucial to maximizing the benefits of these retirement accounts for both the account owner and the beneficiaries. Whether it be designating beneficiaries, considering trusts, or understanding new laws and regulations, consulting with a financial advisor or estate planning attorney can help ensure that your wishes are met, and your loved ones are left with the most optimal outcome.

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5 Comments

  1. ted manify

    why don't you include recommendations for the rest of us who are single– no kids,–no family-no relatives..or did you not realize that not everyone fits into your classification-???

  2. PA Ocampo

    I'm 42, wife is 35, our son 4 yrs and daughter is 6 months. Wife is primary on my IRAs and 401k. My RLT is contingent in case my wife and I go together. In this case, I'm fairly certain that the trust is the correct answer for contingent since it'll be some time before my kids work and can stretch my IRA out with their own 401k. And now, wife and kids are pretty much the only ones eligible for stretching since the Secure Act was passed. Thoughts?

  3. Joe Vallone

    I think you meant receive not pay RMD's. Thanks for the info.

  4. Robert Spencer

    With a Roth it should be tax free even for the heir but then it would still have estate tax?

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