TIAA botched my inherited IRA

Hello,
My mother had a TDA account at TRS. When she died in 2012, this account went to my father, and when my father passed away in December 2015, my sisters and I inherited this account. At the time I researched and understood the negative tax implications for not transferring the money properly to an Inherited IRA account. I contacted TIAA, where I have a Traditional IRA account, for help setting up the Inherited IRA. They helped me set up the account and over the phone, talked me through how to properly fill in the paperwork to have my money transferred from TRS to TIAA. Unfortunately, the money still ended up in my Traditional IRA account, and the Inherited IRA account that I created remains empty. I just discovered this mistake yesterday, although the funds were transferred in August. My husband and I recently met with a financial advisor, and she had asked me to contact them to verify what my annual RMD would be going forward. When I spoke to TIAA, they informed me that although they have notes in their system about my wanting to set up this Inherited IRA, the balance in that account is at $0, and that the paperwork for the transfer had the wrong account number on it. However, their employee helped me fill out the paperwork! (Albeit over the phone). Because everything was done over the phone, I don’t have a paper trail. However, every time I spoke with TIAA I was on a recorded line, and they do apparently have some notes in their system about my wanting to set up an Inherited IRA.
I have a phone appointment set up with TIAA for 1 pm to see what they can do to rectify this situation. Meanwhile, I haven’t slept at all because I am worried sick about the disastrous tax effects and catastrophic financial repercussions. Can you give me any advice? I don’t know who to contact: the IRS? A litigation attorney? An estate/tax attorney? Is there any redress?
Many thanks,
R Diamond



While this can be a very difficult situation to resolve, the real error here is that your father should have done the rollover to his own IRA, then named you as designated beneficiaries. Your father was the designated beneficiary for the 403b and you are successor beneficiaries. As such you were NOT entitled to do a direct rollover to an inherited IRA in the first place. Per Section 829 and Notice 2007-7 the direct rollover for a non spouse beneficiary is limited to designated beneficiaries only (or to qualified trusts). Accordingly, the 403b would have had to provide you with your distribution options under the plan since the IRA is eliminated as an option. So even if TIIA was willing to transfer the amount back out of the IRA to the plan, what does the plan say your options would be? Perhaps TIIA thought your father was the participant and not a beneficiary himself?



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