Husband dies without naming beneficiary on his IRA

Husband dies without naming beneficiary on his Ira. His spouse is named as sole beneficiary of his assets in his Will. She is age 55 and he was 62. What are her options she does not need the money at this time primary consideration at this point is taxes.



Always start by getting a copy of the plan document to determine who the default beneficiary is in the event one is not specifically named.  It’s usually the estate of the deceased but sometimes it is the surviving spouse.  Even if it is the estate that is the default beneficiary there have been spouses that have received PLRs that allowed them to move the funds into an IRA in their own name or to establish an inherited IRA.  You need to start this discussion with the current IRA Custodian and determine what limitations they may impose.



  • Here is an article that I wrote on this subject for the October 1997 issue of Estate Planning:  http://kkwc.com/wp-content/uploads/2015/04/AR20050125164755.pdf.

 

  • I also wrote an article on this subject for the June 2015 issue of Trusts & Estates.  It isn’t yet online, but it should be online very soon.  


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