Stretch IRA – Rules For Inherited IRAs

Whether you're inheriting an IRA or trying to protect your own heirs, you've got to dance the IRS music.

1. First, do no harm. If you inherit a retirement account, don't do anything until you know exactly what rules apply. All movement of money must be from one IRA custodian to another–be sure to specify a "trustee-to-trustee" transfer. Moreover, unless you've inherited from a spouse, you must retitle the IRA, including the original owner's name and indicating it is inherited, e.g., "Daddy Warbucks, deceased, inherited IRA for the benefit of Little Orphan Annie, beneficiary."

If two or more people are named as beneficiaries, ask the custodian to split it into separate inherited IRAs. That avoids investment squabbles and allows a longer stretch-out for the younger heirs.

2. Beneficiary forms rule. The beneficiary form on file with the custodian of an IRA controls both who inherits it and its ability to be stretched out. If people other than a spouse are named as heirs, they must begin taking distributions from the account by Dec. 31 of the year after inheriting, but they can draw these out over their own expected life spans, enjoying decades of income-tax-deferred growth in a traditional IRA or tax-free growth in a Roth IRA. To give your heirs maximum flexibility, name both primary and alternate individual beneficiaries–say, your spouse as primary and kids as alternates or your kids as primary and grandkids as alternates. Your primary beneficiary then has the option of "disclaiming" or turning down the account, enabling it to pass to the younger alternate. You Need a proper beneficiary form on file!

3. Employer plans are different.   Money in a 401(k) goes to a spouse usually. It may be possible for a non-spouse to transfer the money into an inherited IRA, it depends. Another good reason to move money out of a 401k once you’ve retired / left the firm (investment flexibility another).

4. Spouses have more options. A spouse who inherits–let's assume it's the wife–has an option not available to other inheritors. She can roll the assets into her own IRA and postpone distributions from a traditional IRA until she turns 70 1/2.

5. Watch for distribution traps.  If the late IRA owner was 70 1/2 or older, beneficiaries must make sure the owner's mandatory distribution for the year of death is withdrawn before doing anything else. When nonspouse beneficiaries take their own payouts, they should be aware of two quirks. First, if the estate paid estate tax, they may be able to take an itemized deduction to offset some IRA income. Second, the minimum is calculated differently than for your own IRA.

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Sources: Forbes.com