Spousal disclaimer and rollover
Surviving spouse wants to disclaim a portion of IRA inherited from her deceased husband and pass it to the contingent beneficiaries, their children. She wants to roll the remainder of deceased husband’s IRA into her own IRA. Can a surviving spouse disclaim a portion and roll over the remainder?
Permalink Submitted by Alan - IRA critic on Wed, 2022-01-26 19:39
Yes, partial disclaimers are allowed. The disclaimer should be completed and filed with the IRA custodian before any distributions are taken. Due to the disclaimer, she is not the sole beneficiary and cannot elect to assume ownership of the remainder of the inherited IRA, but she should be able to have it directly transferred to her own IRA to avoid problems with the one rollover limitation per 12 months.