IRA & survival contingency

Husband wants Wife to have to survive Husband by 60 days in order for Wife to be the beneficiary of his IRA accounts with Vanguard and Schwab (he has children from a prior marriage, and they have no children together). They are Pennsylvania residents. If his IRA account were … an employee sponsored qualified retirement plan, I think it is clear that he could provide such a survival contingency (i.e. – 60 days) as part of his beneficiary designation form (and I assume all/most qualified plan administrators would recognize it). However, as it is an IRA Account, there seems to be no consistency on how IRA custodians will deal with such a provision. We have been told Vanguard won’t allow such a survival contingency as part of the beneficiary designation, but that Schwab will. Anyone on this board have any experience with this? I guess I could tell Husband to move his IRA account to a custodian that will allow such a designation.



  • Yes, Vanguard has never liked customized IRA beneficiary designations or survival periods. With respect to a 60 day survival period, it is not clear what the problem is, other than having to freeze the beneficial ownership for 60 days. This is simpler than handling a disclaimer and certain other beneficiary options such as a per stirpes. Schwab and probably several other major custodians will probably offer this option.
  • Husband should understand that spouse’s survival may have fed or state estate tax implications here.


Vanguard will accept customized beneficiary designations from Flagship clients (and possibly also from Voyager clients).If you do this, and the spouse dies within the 60 days, the marital deduction and rollover, and the spouse’s opportunity to do a Roth conversion, are lost.  However, with portability, the marital deduction and rollover may not be as important as they were before portability.



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