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J.K. Lasser's Inherited IRAs: What the Practitioner Needs to Know

Author: Seymour Goldberg, CPA, MBA, JD
Publisher: AICPA
Availability: Online Access
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Description

Retirement assets often represent a significant portion of an individual's wealth. This is especially true in the case of inherited IRAs-where a few missteps can wipe out a substantial portion of inherited IRA assets. Now more than ever, you need to know:

  • Common errors involving retirement distributions
  • Why many beneficiary forms are defective (includes sample IRA beneficiary forms)
  • Who should pay the estate tax on your retirement accounts
  • How to tie-in your estate plan with retirement assets
  • How the inherited IRA rules work (with examples)
  • How the spousal IRA rules work
  • How to have an IRA payable to a minor
  • Use of separate irrevocable spendthrift trust as beneficiary of an inherited IRA for asset protection purposes

New to this edition:

  • Advanced Material on Loss of Creditor Rights Protection of Inherited IRAs in Bankruptcy Courts
  • Complete coverage of State UTMA Summaries applicable to non-probate assets, such as IRAs

Practitioners need the information in Inherited IRAs: What the Practitioner Needs to Know to be knowledgeable in the myriad possible technical errors that may affect current planning techniques with respect to IRA distributions.

Note: This product is an electronic download file that will be accessible immediately after completing your purchase. Access to this file – from the My Download page – expires 90 days from purchase date.

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Table of Contents

  • Part 1 - IRA Distribution Planning Basics
    • 1.  Why You Need to Know How the IRA Distribution Rules Work
    • 2.  Common Errors to Avoid in Planning for Your Retirement Distributions
    • 3.  You Must Check Your IRA Beneficiary Forms
    • 4.  How Your Retirement Assets Tie in with Your Estate Tax Planning
    • 5.  Sample Beneficiary Forms
    • 6.  Beneficiaries and Designated Beneficiaries
    • 7.  Planning Reminders for Postdeath IRA Distributions
    • 8.  Rights of Creditors
  • Part 2 - IRA Owner with a Nonspouse Beneficiary
    • 9.  The Nonspouse Beneficiary
    • 10.  IRA Owner Dies before the Required Beginning Date
    • 11.  Required Minimum Distributions for an IRA Owner with a Nonspouse Beneficiary
    • 12.  Distributions to a Nonspouse Beneficiary when IRA Owner Dies on or after Required Beginning Date
    • 13.  Nonspouse Beneficiary Dies during "Standard Gap Period"
    • 14.  Inherited IRA Rules for Multiple Nonspouse Beneficiaries
  • Part 3 - IRA Owner with a Spouse as Beneficiary
    • 15.  The Spouse as Primary Benficiary
    • 16.  IRA Owner's Death before Required Beginning Date
    • 17.  Spouse Beneficiary’s Death during "Gap Period"
    • 18.  IRA Owner's Death on or after Required Beginning Date
    • 19.  Checklist for Surviving Spouse Beneficiary Planning a Rollover or Direct Transfer
  • Part 4 - Inherited IRAs – Advanced Material: Creditor Rights Issues & Uniform Transfers to Minors Act Analysis
    • 20.  Creditor's Rights Issues
    • 21.  Summaries of Portions of State Uniform Transfers to Minors Act (UTMA) Provisions Applicable to Nonprobate Assets such as an IRA
  • Appendix IRS Tables
  • About the Author

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Excerpts

Why You Need to Know How the IRA Distribution Rules Work

You may have accumulated a considerable amount of assets in your retirement accounts. These assets may be in a 401(k) or other qualified employer plan, a 403(b) arrangement, a 457 governmental plan, a traditional individual retirement account (IRA), or a Roth IRA.

If you are like most individuals with assets in an employer-sponsored plan, you will eventually, if you have not already done so, roll over the assets to a rollover IRA in order to obtain the flexibility and control available with an IRA. How you handle distributions from your rollover IRA and other IRA accounts should be an important part of your financial and tax planning during your retirement years. You also should consider, in formulating an overall estate plan, what will happen to your IRA assets after your death.

Unfortunately, many individuals fail to address how their retirement assets fit within an estate plan. Some advisors are trained in the area of retirement distribution planning, but many individuals consult advisors who do not know all of the retirement distribution rules.

You should know how the rules work so you can protect your own interests and the interests of your family. Your heirs also should know the postdeath distribution rules so they can maximize the benefits of their inheritance.

The purpose of this guide is to help you and your heirs understand the retirement distribution rules so that you, in consultation with your advisor, can implement a plan for your IRA assets that implements your objectives. In the following pages, you will find questions and answers that illustrate how the distribution rules work and sample documents to help you with your planning.

As an attorney involved in retirement distribution planning, and as both an author and a practitioner, I can say that there is a lot to know. Be alert and ask questions of your advisor. Don't assume anything.

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Publication On-Demand 2008
Product# 017270PDF
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