spousal beneficiary dies shortly after husband

Facts:
husband – age 90 dies in May – spouse is primary beneficiary – children as contingent beneficiaries of both IRA(s) and 401(k). Husband was receiving distributions from IRA(s),
but was still working as a less than 5% owner, therefor – he had not yet begun receiving distributions from 401(k)

wife – age 85 dies a month later. she had been ill, and had not rollover over recently deceased spouse’s IRA or 401(k) to herself.

wife did have s small IRA of her own – her children were beneficiaries of this IRA.

Question:

1) Even though she did not formally roll retirement accounts to herself before death, as she was primary beneficiary and was still living at time of husband’s death – must these
accounts her included as part of value of HER estate ?

2) Do children have option to rollover these plans to create “stretch IRAs” ?



  1.  Yes, the inherited plans will be included in her estate. They were excluded from his estate by the marital deduction, furthermore portability of his unused exemption can be passed to his spouse.
  2. No, they cannot own these plans in any case. If wife’s executor can file a post death disclaimer of her interest in these plans, the children would become designated beneficiaries and could use their own life expectancies for their RMDs. Otherwise, the plans would go to wife’s estate as she did not name her own beneficiaries. Children’s interest would then be determined by the will or state intestate provisions. What happens here has a major effect on RMDs and in addition husband passed prior to his RBD for the 401k plan and after the RBD for the IRA and this would affect RMDs should wife’s estate become the beneficiary. 

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