Wife exempt from penalty if under 59 1/2?

If I die and my wife is under 59 1/2 can she colelct from my IRA or 401K without 10 percent penalty?



If she withdraws frunds directly from the IRA or 401k plan after you pass away, there is no 10% penalty. However, if she rolls the retirement benefits into an IRA or qualified plan in her own name – withdrawals would be subject to the 10% penalty as long as she is under 59.5.

Often a surviving spouse will rollovr plan benefits too quickly before they’ve assessed the penalty/tax implications. With good advice, she should have no difficulties.



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