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Incorporating Your IRA into Your Estate Plan

How Do You Handle an IRA You Inherit?

  • Treat it as his/her own IRA by designating himself/herself as the account owner.
  • Treat it as his/her own by rolling it over into a traditional IRA, qualified employer plan, qualified employee annuity plan (section 403(a) plan), tax-sheltered annuity plan (section 403(b) plan), or a deferred compensation plan of a state or local government (section 457(b) plan).
  • Treat himself/herself as the beneficiary of the IRA.

Distributions from Retirement Accounts

  • Required Minimum Distributions: If you are in payout status, you must take your required minimum distribution (RMD) before year end. The CARES (“Coronavirus Aid, Relief, and Economic Security”) ACT waived RMDs in 2020; however, RMDs must be taken this year.
  • SECURE ACT Changes to IRAs: The SECURE (“Setting Every Community Up for Retirement Enhancement”) ACT was signed into law in 2019 and took effect on January 1, 2020, making the following changes to IRAs:
    • The Required Minimum Distribution (RMD) Age is now 72. This positive change and will benefit you if you have a large amount of tax-deferred savings in an IRA. You can now grow your IRA money for another year and a half if you don’t need to start taking your RMDs.
    • If you are over the age of 70 ½ and have earned income, you can continue to contribute to your traditional IRA. Before this law, if you were 70 ½ or older, you could not contribute to your traditional IRA like you could with a Roth IRA. Now if you are still working, you may continue to contribute all or some of your earned income to your IRA. This is another positive change!
    • Lastly, there were changes to eliminate “Stretching” an inherited IRA for non-spouses. Prior to this, non-spousal beneficiaries of IRA accounts like children, could typically take distributions from an inherited IRA over their own life expectancy. That means it could have been drawn out over many years depending on how old they were at the time the account was inherited. This strategy was used to reduce the tax burden of receiving a full inheritance during peak earning years (think 45-65-year-old adult children). Receiving a large inheritance during this time could put your heirs into a higher tax bracket, which would ultimately reduce the inheritance they receive from you.
    • Now, the SECURE Act requires most non-spousal beneficiaries to withdraw 100% of the inherited IRA over a 10-year period. This change might impact only IRA heirs set to inherit large amounts. Most heirs typically deplete smaller IRAs within 10 years.

Limitations to Contributions

  • For 2022, you can contribute up to $6,000 to a Roth or traditional IRA. If you’re 50 or older, the limit is $7,000.
  • The most you can contribute to a 401(k) in 2022 is $20,500, or $26,000 if you’re 50 or older.
  • If you have a 401(k) match, the combined limit in 2022 is $61,000, or $67,500 if you’re 50 or older, or 100% of your salary if it’s less than the dollar limits.

 

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