Today’s first Mailbag question regarding rollover of an inherited 401(k)

Today’s first Mailbag question seems to be implying that the decedent’s 401(k) with no designated beneficiary can be rolled over to an inherited IRA. Unless the 401(k) had provisions that made parents or siblings designated beneficiaries by default, a factor that was not stated in the question, I believe that the correct answer to the question is that the decedent’s 401(k) which had no designated beneficiaries is not permitted to be rolled over to any inherited IRA and distributions from the decedent’s 401(k) can only be paid to the estate of the decedent. Only a designated beneficiary can roll an inherited 401(k) over to an inherited IRA and the heirs of the decedent’s estate are not designated beneficiaries of the 401(k).



I agree, and this is fairly clear in Sec 402(c)(11). If the 401k administrator checks into this, the next step will be to issue a lump sum distribution to the estate. Very few 401k plans want to become involved with probate activities. NOTE: If the beneficiary was a qualified trust with individual beneficiaries, the plan could be rolled over to an inherited IRA.

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