non-spouse IRA beneficiary RMD rule for death prior to 1-1-2020

My fact pattern:

New client disabled niece beneficiary, age 22 when inherited in 2013.
Uncle DOD 11-23-2013, at age 55.
She has been taking RMD over her life.

Question:
Wouldn’t the 5 year rule apply here, even though disabled, since the 5 year rule came in by the Secure Act after he died?



No, your client was entitled to life expectancy RMDs and those remain in place for pre 2020 beneficiaries until they pass. Client could have elected the 5 year rule, but she apparently did not. The Secure Act would result in the 10 year rule applying to client’s beneficiary when client passes. 

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