IRA with no contingent beneficiary named

Wife is the primary owner of her IRA and named her husband as primary beneficiary(100%), she did not name a contingent beneficiary for her IRA. Both wife and husband are over 70 1/2. Wife passes away and husband passes away 5 days later. The wife and husband have 6 children named in their trust equally but not named on the IRA beneficiary form. Questions? 1)Typically depending on custodian can the IRA be set up titled in the estate of the deceased husband with executer named of estate in the title and required distribution be taken according to the single life table less 1 year each year for husband to keep the assets tax deferred in the IRA? 2)Typically does this IRA account have to go to probate to name executer of estate if there is a will and trust? 3) Would the 6 children have any option to roll the money back into a beneficiary IRA if the entire account was paid out in a full distribution to estate of deceased husband? 4) Is there a 60 days rule to move money back into a beneficiary account for each child if the will/trust determine the money to be split equally? Looking for the best options for this case that came into my office. Long time reader. Walt



  • 1) Yes. Husband’s estate will be the default beneficiary under most IRA agreements, but carefully check the agreement. Inherited IRA of husband beneficiary will have RMDs based on the remaining life expectancy of the husband with 1.0 reduction or remaining life expectancy of the wife if longer.
  • 2) Yes, the estate beneficiary means the IRA will be subject to probate of the will. Trust will only come into play if the will is a pour over will that transfers the IRA assets into the trust.
  • 3) No. Any distribution from the IRA is taxable and cannot be rolled over. Such a distribution should be avoided and executor should be very careful in resisting a distribution since IRA custodians often try to push such a distribution to the estate executor. The executor can have the IRA assigned to the will beneficiaries and then separate inherited IRA accounts can be established for each child assuming they are the will beneficiaries. If a pour over will, then the trust provisions come into play. But separated inherited IRAs for the children will still require RMDs to be based on deceased husband’s life expectancy.
  • 4) No, no 60 day rollover is permitted for other than a spousal beneficiary. Funds must be moved to another custodian or to the separate inherited IRA accounts by direct trustee transfer.


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