Minor Child as Beneficiary with Divorced Couple
The situation is this: a father (52 years old) died and had his 12-year-old son as the sole beneficiary of his workplace 401K plan. The child’s father and mother are divorced for a few years now and neither ever remarried. The mother was awarded full guardianship by the courts post death of the father. So the son is now inheriting his father’s 401K. I assume we have to take the 401K as an Custodial Inherited IRA with the mother. The son doesn’t need to take any RMDs and the 10-year clock doesn’t start ticking until age 18, so the money can be left alone in an inherited IRA and not taken out until age 28 (for tax reasons we may have him take out chunks each year, but trying to understand our options and requirements). No way to roll this into an IRA/ROTH IRA/401K/529 plan or anything else for the child? Thank you!!
Permalink Submitted by Alan - IRA critic on Thu, 2024-12-26 11:57
The age of majority for EDB purposes is 21, but the first thing to determine is whether the plan provisions are for life expectancy payments or the 10 year rule for deaths prior to RBD. A plan is not required to offer life expectancy, although most probably do. If this plan does, the 10 year rule does not end until age 31.
If the son is treated as an EDB, then annual RMDs are required each year and also must continue until age 31. But if the mother opts out of EDB treatment or the plan uses the 10 year rule, then there are no RMDs required each year but the entire inherited IRA (after direct rollover to an inherited IRA) must be distributed in year 10.
All this assumes that father named the son as beneficiary or the son was the default beneficiary on the 401k, in other words father’s estate did NOT inherit the 401k.
Finally, because this was a 401k where a non spouse beneficiary has the option for a direct rollover to an inherited Roth IRA (which would be a taxable rollover), there is a choice, but the kiddie tax rules will apply to any taxable distributions per those rules. Of course, there is no way that the child can maintain this plan other than as a beneficiary.