IRA to Surviving Spouse via Estate?

Hello,

My father passed away earlier this year at age 74 (would have been 75 this year) so past RBD and had been taking RMDs from a TIRA. Due to bad financial advice he changed the designated beneficiary on his IRA from his surviving widow (my mother) to me. While the amounts in question aren’t large enough to be especially burdensome over the time designated by the life expectancy table, my income is much higher than my retired mother’s, and we’re trying to ascertain our best option with respect to the disposition of the IRA.

In an ideal world, I would disclaim the IRA, it would pass to the estate (of which I am Executor), which names a revocable (now made irrevocable by the death of the grantor of course) living trust as the sole beneficiary (of which I am the successor Trustee), and would name my mother as beneficiary of the IRA as I am allowed under the terms of the trust, and she would roll the funds into her own extant IRA. Naturally, I suspect such a thing is not possible despite her having special status as surviving spouse, by dint of the distribution going through the estate.

Is the best we can do set up an Estate IRA via trustee-to-trustee and then an Inherited IRA for my mother via same?

Thanks in advance for any assistance.



  • First, I would confirm that the surviving spouse would not be default beneficiary directly were you to disclaim.  Probably unlikely, but some IRA agreements have that default in front of the estate.
  • There are plenty of IRS PLRs allowing a sole spousal beneficiary of the estate or testamentary trust to complete a spousal rollover, but cooperation of the IRA custodian is less likely when a power of appointment must be exercised. The custodian might insist on a specific time consuming and costly PLR. Much depends on the custodian. Much better a brokerage than a bank custodian.
  • The spousal rollover would be much more beneficial than your mother being treated as an EDB trust beneficiary limited to single life table annual RMDs. 


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