Inherited 401(k) rules for spouse

Husband owned a 401(k) and died in 2021 (he was past RBD and had been taking an RMD). Husband took his RMD in 2021 prior to his death. Wife inherited the 401(k). According to her, she wasn’t given the option of rolling the 401(k) into an inherited IRA. Instead, she left the money in the 401(k) and presumably the custodian opened an inherited 401(k). She was “forced” to take RMDs in 2022 and 2023 even though she is younger than 73 because the custodian said she was subject to RMDs.

Three questions:

1) Does she have any recourse for the 2022 RMD she was “forced” to withdraw?
2) Can she redeposit the 2023 RMD she received back into the 401(k) as long as it’s done within 60 days?
3) Can she open a spousal IRA and rollover the balance of her 401(k) into the IRA to avoid the RMDs until she reaches age 73? In other words, is she allowed to open a spousal IRA two years after her husband’s death or does she not have that option any longer since she didn’t do it immediately following his death?



  1. She was required to take a beneficiary RMD in 2022 and 2023, and this is also true if she had directly rolled the inherited 401k into an inherited IRA.  However, had she rolled the inherited 401k into her own IRA in 2021 there would have been no RMDs if she was younger than RMD age. The beneficiary RMDs she received are not eligible for rollover.
  2. No
  3. Yes, she can do this at anytime. She could have done this in 2021 and avoided those 2022 and 2023 RMDs. If she does not complete this direct rollover before year end, she will have a new option under Sec 327 of Secure 2.0, which is to assume ownership of the inherited 401k. That said, this provision will need to be defined by IRS Regulations and 401k administrators will not be ready to process this in early 2024. Therefore, she should avoid the uncertainty by completing the direct rollover before year end, and time is very short.

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