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IRA estate settlement

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lan0731

Junior Member
What is the name of your state?WI - My mom passed away but everything was in order. She had all the POD forms because she knew this was going to happen. My question is on her IRA - do I have to roll it over to mine or can I take the cash? I would like to pay off bills and more to my home. Is there a penalty for taking cash? This is well under the inheritance tax.

Thanks
 
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anteater

Senior Member
First, you can not roll an inherited IRA into your own IRA. (Well, I guess you "can", but the IRS would disqualify the rollover and treat it as a total distribution.) An inherited IRA needs to be retitled so that it remains in the name of the deceased, something along the lines of "The IRA of lan0731's Mother (deceased mm/dd/yy) for the benefit of lan0731."

Any distributions from the inherited IRA would be subject to income tax (assuming that it is a traditional IRA and not a Roth IRA), but not to early distribution penalty. You will have to take a minimum annual distribution based upon your life expectancy. But you can take more than that amount if you wish, including all of it, at any time.

I would think long and hard about taking the total amount. You can have many more years of tax-deferred growth in the inherited IRA. And, if you take it all at once, it may push you into a higher tax bracket. With mortgage interest rates as low as they are now, you may well have greater growth in the IRA than your mortgage interest savings. As I tell my friends, it is easy to take money out of an IRA. It is tough to get money into an IRA.
 

lan0731

Junior Member
Thank you for the quick reply.
This will be divided between me and my brother. So in other words the IRA will be handled like I have turned 70. I have to take a min. out every year, pay taxes and declaire it as income, even if I'm not of the age to do so.
 

anteater

Senior Member
I am a little rusty on the topic of multiple beneficiaries and the IRS keeps tweaking the rules, but I believe that you can split the IRA into two inherited IRA's -- one for you and one for your brother. That would avoid any disagreements. Ask the IRA custodian.

Yes, you will have to take minimum annual distributions. But those will be based on your remaining life expectancy, not as if you were 70.

See this IRS pub and look for the sections about inherited IRA's:

http://www.irs.gov/pub/irs-pdf/p590.pdf
 

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