Married couple – died one week apart

Submitted by Joyce Bloch on Fri, 2017-08-11 07:01

I’ve got/had a married couple that both had IRAs. In the 80s.
One died and then the other died a week later.

Both were each other’s primary beneficiary. Contingent are: one child 50%, one child’s trust 50%

Does spouse #1’s IRA now go to spouse #2’s estate? How does this work now?

Thank you



Submitted by Alan - IRA critic on Fri, 2017-08-11 17:07

  • The IRA of the first spouse to pass goes to the surviving spouse as an inherited IRA UNLESS the executor of the surviving spouse is able to disclaim the IRA per state disclaimer rules. If disclaimed by the estate of the surviving spouse, it will pass to the contingent beneficiaries. Otherwise, unless the IRA agreement states otherwise, that IRA will go to the estate of the surviving spouse.
  • Surviving spouse’s own IRA will go directly to the contingent beneficiaries since the other spouse pre deceased.
  • The beneficiaries that do inherit each IRA are responsible for completing the year of death RMD for each spouse to the extent it was not completed before their passing.

Submitted by Bruce Steiner on Fri, 2017-08-11 21:06

The surviving spouse’s executors may want to disclaim on behalf of the surviving spouse.  The disclaimer has to be completed within 9 months from the surviving spouse’s death.  In some states, an executor needs court approval to disclaim on behalf of a decedent.  Sufficient time should be allowed for this.

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