Deceased Father and IRA Beneficiary Issue

Father passed away in Jan 2023. The primary beneficiary of the IRA was the daughter, although Father was married before his passing (mother is contingent). Daughter and mother were on the same page with the IRA going to the daughter. When the beneficiary form was signed in 2020, daughter had no income, and mother had significant. However, the roles reversed as the mother retired last year, and daughter started a job.

Once the father passed, the beneficiary IRA was opened and assets were sent from the deceased’s IRA into the daughters beneficiary IRA. Now, the daughter/mother realize that they shouldn’t of sent the funds to the daughter, and should have sent funds to the mother (for better tax treatment – tax rates, and favorable distribution rules).

Now that the funds are in the bene IRA, is there any way to reverse the above? Since the mother was contingent, she could have disclaimed the IRA and sent it to the mom, correct? Any way to do that now?



  • If no funds have been distributed from the inherited IRA by the daughter and no investments changed, the IRA custodian should still accept a qualified disclaimer from the daughter, after which the inherited IRA could be transferred to mother. The deadline for a disclaimer is 9 months from the DOD. There is also an exemption if father was subject to RMDs, did not take his 2023 RMD, and daughter completed that RMD, but took out no more than that RMD. She could still disclaim per RR 2005-36. See attached article:
  • Disclaiming All or Part of an Inherited IRA or Retirement Plan (broadridgeadvisor.com)


Is there an IRS rule / code that we could reference to the cusotidan that says they should allow this diclaiming?





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