< Back to IRS

Demi Hall

Can a Spouse Inherit an Already Inherited IRA (originally a 401K)? Help needed!

I'm dealing with a really stressful situation and hoping someone here can help me understand my options. Back in September 2023, my sister-in-law (41) died unexpectedly from a heart condition. My husband and I were devastated. Her parents (my in-laws) inherited one of her 401Ks (50% each) which they then converted to an IRA. They've been taking required withdrawals calculated over their lifetime expectancy. The situation has changed dramatically this month - my father-in-law just passed away suddenly at 72, and now my mother-in-law is wondering what happens to his portion of the already inherited IRA. Does it transfer to her as his spouse? Do different withdrawal rules apply now? Or does it have to go to a contingent beneficiary? I'm trying to help her figure all this out while she's grieving. The financial advisor who helped with the original conversion hasn't been very clear about the "inherited an inheritance" situation. Any insight would be so appreciated! We're worried about making a costly mistake with required distributions and taxes.

This is a complicated situation, but I'll try to break it down. When your father-in-law inherited the IRA from his daughter, he became what's called a "non-spouse beneficiary" and was subject to the 10-year rule or life expectancy rule depending on when your sister-in-law passed away. Now that your father-in-law has passed, his portion of the inherited IRA doesn't automatically transfer to your mother-in-law. An already-inherited IRA cannot be rolled over or transferred to just anyone - even a spouse. This is because the IRS considers an inherited IRA as already being "in distribution mode." Your mother-in-law should be listed as the successor beneficiary on your father-in-law's inherited IRA paperwork. If she is, she steps into his shoes and continues taking distributions on the same schedule he was on. She doesn't get a new distribution period. I'd recommend gathering all the inherited IRA paperwork and checking who was listed as the successor beneficiary. If it wasn't specified, you may need to consult with the IRA custodian about their default policies.

0 coins

Kara Yoshida

•

Thanks for explaining! I'm confused about one thing - does the 10-year rule still apply here or is it different since the money has been inherited twice? Also, would it make any difference if the original account was a Roth IRA instead of traditional?

0 coins

The original 10-year rule or life expectancy rule that applied to your father-in-law would continue to apply to whoever inherits his share. There's no "reset" of the distribution period when a successor beneficiary takes over. Your mother-in-law would need to continue withdrawing funds according to the same schedule that your father-in-law was using. Regarding Roth vs. Traditional, there would be some differences in tax treatment. With a Traditional IRA, distributions are taxable as ordinary income. With a Roth IRA, qualified distributions would generally be tax-free, but the successor beneficiary still needs to take required distributions according to the same schedule. The SECURE Act rules about the distribution period apply to both types.

0 coins

Philip Cowan

•

After dealing with a similar nightmare with my dad's accounts, I found taxr.ai (https://taxr.ai) incredibly helpful for figuring out inherited retirement accounts. I uploaded all the confusing documents from the financial institution, death certificates, and previous tax forms, and it analyzed everything and explained exactly what needed to happen next. It helped identify that the custodian had actually made a mistake in how they set up the inherited IRA originally, which could have caused serious tax issues down the road. The breakdown of required distributions by year was super helpful for planning purposes too. Definitely saved me from making some expensive mistakes during an already difficult time.

0 coins

Caesar Grant

•

How exactly does that work? Do you just upload pictures of your documents or do you need to fill out some kind of questionnaire? I've got a stack of paperwork about my mom's pension that I can barely make sense of.

0 coins

Lena Schultz

•

I'm a little skeptical about uploading financial documents to some random website. How do you know it's secure? Has anyone else used this service successfully?

0 coins

Philip Cowan

•

You can either upload photos of your documents or PDFs if you have digital copies. It works with pretty much anything - statements, tax forms, letters from financial institutions, etc. There's a short questionnaire that helps the system understand what you're trying to figure out, but it's not complicated. The site uses bank-level encryption for all uploads and doesn't store your documents after analysis. I was concerned about security too, but they explain their process on the site. I researched it pretty thoroughly before using it because I was handling sensitive financial information during a difficult time. Their analysis is done by both AI and human experts who specialize in tax situations like inherited retirement accounts.

0 coins

Lena Schultz

•

Just wanted to follow up - I ended up trying taxr.ai after all for help with my mother's complicated IRA beneficiary situation. Surprised at how helpful it actually was! Uploaded all the custodian statements and beneficiary paperwork, and got a clear explanation about successor beneficiary rules. Turns out my brother (who passed away last year) had named ME as the successor beneficiary on his portion of mom's IRA, which I had no idea about. The analysis showed exactly what distribution schedule I needed to follow and identified that the financial institution had been calculating required minimum distributions incorrectly. Would have overpaid taxes by thousands if I hadn't caught this! Really helped sort through the documentation nightmare.

0 coins

Gemma Andrews

•

If you're trying to get clear answers about this situation, good luck getting through to the IRS. I spent THREE WEEKS trying to get someone on the phone for clarification about inherited IRA rules after my aunt passed. Finally used Claimyr (https://claimyr.com) and got connected to an actual IRS agent in about 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent was able to confirm exactly how the successor beneficiary rules work in your situation and what forms needed to be filed. Apparently there are specific coding requirements the IRA custodian needs to use when transferring an already-inherited IRA to a successor beneficiary. Getting this straight from the IRS saved us a lot of hassle with the financial institution who kept giving conflicting information.

0 coins

Pedro Sawyer

•

How does this actually work? I thought it was impossible to get through to the IRS these days. Is this some kind of paid line-jumping service?

0 coins

Mae Bennett

•

This sounds like bs honestly. Nothing gets you through to the IRS that fast. They probably just connect you to some random call center that pretends to be the IRS and charges you for bad advice.

0 coins

Gemma Andrews

•

It's not a paid line-jumping service in the way you might think. Claimyr uses technology to navigate the IRS phone system and wait on hold for you. Once they get someone on the line, they call you to connect. You're talking to actual IRS agents, not some third-party advisors. The service does cost money, but considering I had already wasted hours upon hours trying to get through on my own, it was worth it. I needed specific information about inherited IRA succession that I couldn't get anywhere else with certainty. What I like is that you don't pay unless they actually get you connected to an agent.

0 coins

Mae Bennett

•

I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I was still struggling with this exact inherited IRA situation and getting nowhere with the financial institution. Out of desperation, I tried the service, fully expecting to be disappointed. It actually connected me to a real IRS representative in about 20 minutes. The agent walked me through the specific requirements for successor beneficiaries of inherited IRAs and confirmed that my situation (very similar to the original poster's) required specific paperwork that the financial institution hadn't mentioned. The agent even gave me specific citation numbers from the tax code to reference when speaking with the financial institution. Saved me from making a very expensive distribution mistake. Sometimes being proven wrong is a good thing!

0 coins

My sister went through something similar last year. The key thing to understand is that an already-inherited IRA has to stay in the original beneficiary's name with an additional "for benefit of" (FBO) designation for the successor beneficiary. So it would be something like "[Sister-in-law's name] IRA (deceased) FBO [Father-in-law's name] (deceased) FBO [Mother-in-law's name]." This gets super confusing for the custodians because they don't deal with it often. Make sure they don't mistakenly try to do a 60-day rollover (which isn't allowed for inherited IRAs) or reset the distribution schedule. Your mother-in-law has to continue on the same distribution schedule that was established when your father-in-law inherited it.

0 coins

Demi Hall

•

Thank you so much for this - especially the naming convention! That's exactly what we've been confused about. The custodian kept talking about "reregistering" the account and we weren't sure if that was the right thing. Is there a specific form we should ask for to make this transfer happen correctly?

0 coins

You'll want to ask the custodian for their "Inherited IRA Successor Beneficiary" form or sometimes it's called a "Death of Beneficiary" form. Each institution has slightly different paperwork, but those terms should help them find the right forms. Your mother-in-law will need to provide a copy of your father-in-law's death certificate and possibly his original inherited IRA paperwork. Be very specific that this is a successor beneficiary situation for an already-inherited IRA, not a new inheritance. If the person you're speaking with seems confused, ask to talk with their inherited IRA specialist - most larger institutions have people who specifically handle these more complex scenarios.

0 coins

Melina Haruko

•

One important thing no one's mentioned - if your sister-in-law passed away BEFORE the SECURE Act implementation date (December 31, 2019), different rules might apply. The SECURE Act changed how inherited IRAs work pretty dramatically, but some inheritances were grandfathered under the old rules. Has anyone confirmed which distribution rules your father-in-law was following? Was he taking required minimum distributions based on his life expectancy, or was he subject to the 10-year rule?

0 coins

This is such an important point. My family got caught in this exact situation - my uncle passed in 2018 (pre-SECURE Act), then his beneficiary (my cousin) passed in 2022. The financial institution tried to apply the post-SECURE Act 10-year rule to the successor beneficiary, which was incorrect. The original inheritance date is what matters.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today