Spousal Rollover of inherited IRA Not Lost if Remarries

Submitted by David Briegs on Fri, 2022-11-11 21:36

The ability to do a spousal rollover of an inherited IRA (from spouse) is not lost if the surviving spouse remarries, right?

Situation:
66 yr old wife died 4 years ago. Husband was 58 at that time.
Husband left IRA in inherited IRA at that time to maintain ability to make withdrawals free from 10% penalty.
Husband has since re-married.

1) Husband can still do spousal rollover into his own IRA, correct?
2) Also, no RMDs were necessary and still are not since deceased spouse would not have been subject to RMD yet?

Just want to be sure. Any confirmation appreciated!

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Permalink Submitted by Alan - IRA critic on Fri, 2022-11-11 23:27

1) Yes, he can still do the spousal rollover, best done by advising custodian that he is electing to assume ownership of the inherited IRA.
If wife’s DOB was prior to 7/1/1949, husband’s first beneficiary RMD would be the year in which she would have reached 70.5. If that year was last year, he had to take a beneficiary RMD last year. If he had to but did not, he defaulted to ownership last year. If that year is this year, he would have to take a beneficiary RMD unless he assumed ownership, and if he did not he would default to ownership this year. Assuming ownership would erase the beneficiary RMD as he would be treated as the owner for the entire year he became the owner and would have no RMD as the owner. Even if he already defaulted to ownership last year, he should re title the IRA as the owner to conform with any default ownership status.