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INHERITED RETIREMENT ACCOUNTS 101

INHERITED RETIREMENT ACCOUNTS 101

We all hope we’ve planned well enough to have sufficient funds for retirement by setting up IRAs, 401(k)s, or pensions, but what happens to assets leftover after death? Inherited retirement accounts can be subject to harsh taxes if not set up and dealt with properly. Choosing a good beneficiary and planning ahead to minimize tax penalties is vital to guarantee that your estate is applied to its full potential when you’re gone.

Inherited retirements accounts are considered as income and, for this reason, are taxable. This means you are paying a certain percentage on any withdrawal made from the retirement accounts, excluding Roth accounts.

Different retirement plans are treated differently when it comes to inheritance. More restrictions and conditions are frequently enforced on 401(k)s and pensions. For example, since these are employer-planned accounts, the employer can place time restrictions on the estate, demanding that it be withdrawn entirely within a certain amount of time even if the beneficiary has no necessity or desire to. The withdrawals by the inheritor to empty the account are taxed on a federal and statewide basis. With such a swift time of withdrawal the entire account, a decent portion of the inheritance is promptly lost to the U.S. and the state. However, inherited IRA accounts allow for a little more flexibility. They can be withdrawn over the lifetime of the beneficiary, so tax liabilities are more gradual.

Choosing who to designate as the beneficiary is equally as important as planning ahead for tax burdens that the inheritor will face. Leaving your retirement estate to a loved one, such as a spouse or child, is not as effective as leaving the account to a trust that has been carefully drawn up. A trust can provide protection and guidance for the inherited retirement account and will continue to flourish and benefit the inheritor.

Using a trust can present the beneficiary with many advantages but it must be written with careful attention to detail. If the trust is not set up correctly, unwanted consequences can come into play. A time limit for withdrawal can be imposed, which inconveniences the beneficiary with immediate tax impositions. When a trust is set up carefully, however, it will allow continual growth of the retirement account and provide the beneficiary with an elevated level of protection and elongated withdrawal requirements that are more accommodating to the inheritors needs. With minimum restrictions on withdrawal, the tax liabilities on the account can be postponed.

Hiring an estate planning attorney can help you decide how your inherited retirement account is spent after death. Allocating an existing retirement fund to a trust is often the most constructive method for passing on an estate. An attorney can ensure that your trust is composed tactfully and reflects desired values and objectives.

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ABOUT THE AUTHOR

Picture of JAMES RICE

JAMES RICE

Attorney at Law James Rice is the Director of Trusts and Estates at Rice Law Group. He has handled trusts, will matters, business succession planning, pension and IRA issues for people with moderate wealth to those who have accumulated significant assets. Mr. Rice also handles many transactiona...

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