Spouse inherits IRA through Probate Court

A man died before his RBD. He owned a TIRA.

If his wife inherits her husband’s TIRA via probate court because the husband’s beneficiary designation was “estate,” can the wife execute a spousal rollover or is she stuck with the 5 year rule for distributions?

Thank you in advance for any help you can provide.



Probably.  See my article on this subject in the October 1997 issue of Estate Planning:  http://kkwc.com/wp-content/uploads/2015/04/AR20050125164755.pdf#toolbar=1&navpanes=0&nameddest=self&page=1&view=FitH,0&zoom=80,0,0I wrote an updated article on this which appeared in the June 2015 issue of Trusts & Estates, and which will be available online sometime in August 2015, so you may want to post a follow-up then to remind me to post the link.



thank you



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