Disclaimer and Spousal Rollover
Surviving spouse wants to disclaim a portion of an IRA she inherited from her deceased husband and pass it on to the contingent beneficiaries, their children. She wants to roll the remainder of the IRA into her own IRA. Can she do this? Can a surviving spouse disclaim a portion of an IRA and roll over the remainder?
Permalink Submitted by Alan - IRA critic on Thu, 2022-01-27 01:51
Yes, a partial disclaimer is allowed, but assumption of ownership is not allowed since ss will not be the sole beneficiary. Doing a direct transfer might be an issue from an inherited IRA to a differently titled owned IRA, and a 60 day rollover might be an issue due to the one rollover limitation per 12 months. Therefore, there are timing issues with these transactions. Note that the spouse can complete the year of death RMD if husband did not complete it without disqualifying the disclaimer.