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Home » Estate Planning » IRA Inheritance Planning: What Are the Rules for Beneficiaries?

IRA Inheritance Planning: What Are the Rules for Beneficiaries?

July 26, 2022 by Larry Parman, Estate Planning Attorney, Author, Speaker

Ira Inheritance Planning Info Scaled EWhen you are contributing into your 401(k) plan or another type of individual retirement plan, you are developing a nest egg to draw from during your senior years. As time goes on, you may find that you will not be exhausting the account during your lifetime.

At that point, you have to look at your savings from an inheritance planning perspective. People naturally have questions about the rules for beneficiaries, and we will answer them here. But first, let’s look at the differences between a traditional individual retirement account and a Roth IRA.

Timing of the Taxation

All the differences between the two types of accounts stem from the way the respective tax structures work. With traditional account, you do not pay taxes at the time of the contributions. You are, however, required to report distributions when you start to accept them.

We say “when” rather than “if” because you are compelled to take required minimum distributions when you are 72 years of age. You can take penalty-free withdrawals when you are 59.5.

If you want to continue to contribute into your account after you are 72, you are free to do so. This is a relatively new development that came about due to a provision contained in the SECURE Act that was enacted at the end of 2019.

Roth account holders make contributions with after-tax income. As a result, distributions of the earnings are not taxable once they reach the age of 59.5.  You can extract the contributions at any age without being penalized when you have a Roth account,.

You are never required to make withdrawals because the purpose of mandatory distributions is to generate taxation opportunities. Since the taxes are already paid when you have a Roth account, this is not a motivation.

Rules for IRA Beneficiaries

A spouse beneficiary can roll the account into their own IRA or retitle it as an inherited account. Non-spouse beneficiaries do not have the rollover option, and they must accept required distributions. This is true for Roth and traditional account beneficiaries.

As you would expect, distributions to a Roth beneficiary are not taxable, and traditional account beneficiaries have to report the income. Before the enactment of the SECURE Act, beneficiaries of both types of accounts could take only the minimum that was required for any length of time.

They could maximize the tax advantages and stretch out the distributions for as long as possible. This window of opportunity is now closed, because a provision in the SECURE Act has established a 10-year limit. All assets must be removed from inherited accounts within 10 years.

Attend an Educational Event!

If you are reading this, you must be interested in estate planning. If you want to learn more or looking for an attorney, we have some great opportunities coming up that will give you a chance to satisfy both goals.

We conduct educational events from time to time, and they cover a host of important topics. There is no charge, and you have a chance to interact with one of our attorneys in person.

You can see the dates if you head over to our events page. If you decide to join us, follow the instructions to register so we can reserve your spot.

Schedule a Consultation Right Now!

Our doors are open if you have already determined that you are ready to work with an Oklahoma City estate planning lawyer to establish a plan. You can send us a message to set the wheels in motion, or we can be reached by phone at 405-843-6100.

 

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Larry Parman, Estate Planning Attorney, Author, Speaker
Larry Parman, Estate Planning Attorney, Author, Speaker
Founder and Owner at Parman & Easterday
Larry Parman's dad died at 56 in a farm accident with no estate plan. His family spent two years fighting the IRS and nearly three years in probate. That experience became Larry's life work.

Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."

Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
Larry Parman, Estate Planning Attorney, Author, Speaker
Latest posts by Larry Parman, Estate Planning Attorney, Author, Speaker (see all)
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Filed Under: Estate Planning Tagged With: IRA beneficiary guidelines, IRA inheritance planning, SECURE act

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