Wife receiving IRA from deceased husband
A surviving spouse (wife) is a 100% beneficiary of her deceased husband’s IRA. Can she disclaim the IRA and give up her entire interest and then designate her children to receive the IRA? Thank you!
A surviving spouse (wife) is a 100% beneficiary of her deceased husband’s IRA. Can she disclaim the IRA and give up her entire interest and then designate her children to receive the IRA? Thank you!
Permalink Submitted by Alan - IRA critic on Wed, 2022-09-07 18:46
She can disclaim but cannot re direct the IRA. If there were contingent beneficiaries named by husband they would receive the IRA due to a disclaimer, but if no contingent beneficiaries were named and no default beneficiaries in the IRA agreement other than the estate, the IRA would go to husband’s estate and pass to beneficiaries named in his will. If no will, then state intestate rules will govern. No disclaimer should be filed without understanding what will occur as a result.