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16

I sat down with

IRA

expert Ed Slott to discuss key

challenges with

IRA

s and inheritance.

Benz:

What do you do when you inherit an

IRA

? And

there are some important distinctions depending on

your relationship to the deceased. Let’s start with the

spouse beneficiary. Let’s talk about what options they

confront when they inherit an

IRA

from their spouse.

Slott

:

As an inheritor, I always start with two words,

no matter who the inheritor of an

IRA

is. Two words:

Touch nothing.

Benz:

So, go get some advice.

Slott:

That will save you a fortune. [Wait] until you

are with somebody who knows how to set up

IRA

s,

knows how to set up inherited

IRA

s, knows the differ-

ence between beneficiaries. Again, you need some-

body with specialized knowledge in this. I’ll give you

an example. The average beneficiary, let’s say, is

a son or a daughter and they’re not children, they are

maybe in their

50

s already. The first thing they might

do [is say,] “Oh, here is Mom’s

$500

,

000

IRA

—let’s

take it out.” Well, that’s the end of that. The minute

you touch an inherited

IRA

, it’s over. The minute it

comes out, it’s taxable. And that is the number-one

mistake, grabbing it too fast. It’s taxable, and there is

no fix. That’s an irrevocable—or what I’d call fatal—

error. So, first thing, take a breath. You can look at it

on the statement, but don’t touch it.

Now, to your question if the spouse is the beneficiary.

If they are under

59

1

/

2

, they should maintain it as an

inherited

IRA

—only a spouse has that option. The

spouse can also do a rollover. Most people, including

myself, will recommend the spousal rollover, but

only if the spouse is

59

1

/

2

or older. If the spouse is

younger than

59

1

/

2

, it’s more likely that the spouse

may need to dip into that money. And if he or she

does, of course, they will pay the tax—that’s not

what we are talking about—but they will also pay a

penalty, because once they do a rollover, it’s treated

as if it was always their money, and they are subject

to the

10%

early withdrawal penalty.

If they elect to stay as a beneficiary, there is no

10%

penalty. If they need money before

59

1

/

2

, they can

just take that money. They will pay the tax, but no

10%

penalty. Then, at

59

1

/

2

, when the penalty period

expires, he or she can do the rollover into their own

IRA

, and they don’t have to take required distributions

until they turn

70

1

/

2

.

Another important thing for any beneficiary, but espe-

cially a spouse: As soon as you inherit, set up the

right type of account. Again, if you are under

59

1

/

2

,

an inherited account;

59

1

/

2

or over, a spousal roll-

over. But immediately name new beneficiaries on your

own

IRA

.

Benz:

Why is that so important to make sure that you

are naming those beneficiaries?

Slott:

Number one, you direct where that money will

go after you die, and [number two], preserve the

stretch

IRA

for your chosen beneficiaries. Otherwise,

if you don’t name beneficiaries, it may end up back

in your estate, or it could be contested. Who knows

where it might end up?

Benz:

If your heirs are younger, they have the opportu-

nity to stretch those distributions.

Slott:

In certain cases. If you do a spousal rollover,

then it’s yours. And you should name both primary

and contingent beneficiaries. If they are named on the

IRA

beneficiary form, they can stretch. If you keep

it as an inherited

IRA

, you still want to name benefi-

ciaries. They would be, in that case, successor

beneficiaries—in effect, the beneficiary’s beneficiary.

Benz:

Does it matter if the deceased had begun

taking distributions and was required to take required

minimum distributions from that

IRA

?

IRA Challenges and Inheritance

Portfolio Matters

|

Christine Benz