I'd like to offer an article I wrote last month, titled ?Let?s Kill All the Lawyers?
In summary -
Grandpa passes away and leaves granddaughter a $300K IRA, she is
properly listed on IRA as beneficiary. Mom's lawyer explains that a
minor may not inherit an IRA, it must be liquidated and the funds placed
with a trustee until the child reaches the age of majority.
The excellent punchline to this story is that I was contacted by a
reader with this issue *before* she did anything, and via series of
emails, walked her through the exact process to enable her daughter to
take RMDs over her lifetime, starting with $4237 the first year. Had she
listened to the lawyer she'd have had to handle a $91K tax bill as this
money would have been taxed at the parents' rate (save for the trivial
$1900 kiddie taxation), and even with $210K left, the income each year
would easily exceed the kiddie tax.
Note - I provided her with IRS references (Pub 590 citations) and warned
her to quote the IRS should she talk to the lawyer again. While he might
be open to an anonymous blogger knowing more than he about this topic,
egos are fragile.
I share this here because this particular, IRAs and specifically their
inheritance is a subject that's important to me, and the story is one I
thought worth sharing here.
- posted 7 years ago