Financial advisor mishandled my inherited Roth IRA transfer — now I owe $30K in taxes & penalties. Help!
I inherited a Roth IRA from a work colleague who passed away at 46 (non-spouse) back in 2018. When I first inherited it, I received: * A Roth IRA-BDA (Beneficiary Designated Account) * A separate individual brokerage account Both accounts stayed with Vanguard, along with my personal Roth IRA that I had established on my own, until recently. Last January, a financial advisor from Lincoln Financial was referred to me by a friend. Since I had some extra savings sitting around, I wanted advice on investments and trusted this person to handle everything properly. (I've since discovered Lincoln advisors mainly push insurance products for commissions - which I declined). The advisor suggested I consolidate my inherited Roth IRA and personal Roth IRA into one combined Roth IRA in my name at Lincoln Financial, and move my cash into a new brokerage account there too, so everything would be under one roof. I thought this made sense—until my tax preparer emailed me this week with alarming news. This sent me down a research rabbit hole, and I quickly realized the transfer was done completely wrong. According to the IRS website: * An inherited Roth IRA must be transferred directly into an inherited Roth IRA (titled with the deceased's name for the beneficiary's benefit). THIS DIDN'T HAPPEN - THEY LIQUIDATED IT TO MY CHECKING ACCOUNT THEN DEPOSITED INTO A NEW ROTH IRA IN MY NAME ONLY. * If an inherited Roth IRA is moved into a personal Roth IRA, it gets treated as a distribution, which becomes taxable. * Improper rollovers can also trigger excess IRA contribution penalties. Because my inherited Roth IRA was incorrectly transferred into my personal Roth IRA, I'm now facing almost $30K in taxes and penalties—instead of just $260 if it had been done correctly. How this disaster unfolded: 1. Vanguard issued a 1099-R with Code T (early Roth distribution, exception unknown). 2. My financial advisor told me to move the inherited Roth IRA into my personal Roth IRA at Lincoln. I now know this isn't allowed—it should have gone into a properly designated inherited Roth IRA. 3. Since this wasn't a direct transfer (the money was liquidated and deposited into my checking account first), the IRS sees it as a full distribution—even though I never intended to cash it out. 4. After my tax preparer flagged this, I called Vanguard. Two different reps confirmed the 1099-R can't be changed to Code Q (qualified distribution). Is there anything I can do to fix this mess? Can I go after the financial advisor for giving me terrible advice that's costing me $30K?
25 comments


Jamal Carter
This is unfortunately a common issue with inherited IRAs, and there are some potential steps you can take, though I can't promise they'll fully solve your problem. First, understand that inherited retirement accounts have very specific rules that many financial advisors get wrong. The IRS is quite strict about these transfers - once the money leaves an inherited IRA incorrectly, it's generally considered distributed and taxable. Your best options at this point: You may be able to request what's called a "late rollover relief" under Revenue Procedure 2020-46, which allows taxpayers who miss the 60-day rollover window due to financial institution errors to potentially correct the mistake. You'd need to submit a letter explaining the circumstances and showing that the error was due to advice from a financial professional. Another approach is filing IRS Form 843 (Claim for Refund and Request for Abatement) to request penalty abatement based on reasonable cause. Your reliance on professional advice could potentially qualify. Document everything - get written statements from the advisor acknowledging they directed you to make this transfer. This will be crucial for any relief requests to the IRS or potential action against the advisor. Also, contact the advisor's firm compliance department to report this mistake. They may be motivated to help make you whole to avoid potential liability.
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Zoe Papadakis
•Thank you for this detailed response. I had no idea about Revenue Procedure 2020-46 - this gives me some hope. Do you think I need to hire a tax attorney to help with this process or is this something I could potentially handle myself with proper documentation? Also, would it be worth trying to get the financial advisor to admit in writing that they directed me to make this transfer incorrectly? I'm not sure they'd be willing to do that.
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Jamal Carter
•A tax attorney or experienced CPA would definitely be helpful for the late rollover relief request, as they can frame your case in the most favorable light using the right terminology. These professionals know exactly what the IRS is looking for in these situations. Getting the advisor to acknowledge their mistake in writing would be extremely valuable. Rather than asking them to admit fault directly, you might send them an email "confirming our conversation" about the transfer process they recommended, and see if they respond confirming those details. Most advisors will try to be helpful even if they don't realize they're documenting their mistake. Their emails advising you before the transfer occurred would be especially valuable evidence.
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AstroAdventurer
I went through a similar nightmare with an inherited IRA a couple years ago, and I ended up using https://taxr.ai to help sort through all the documentation and figure out my options. They analyzed my 1099-R, the transfer paperwork, and my communications with the advisor to build my case for relief with the IRS. The service basically uses AI to go through all your tax documents and communications to find the specific regulations and precedents that apply to your situation. They flagged several key points in my advisor's emails that proved they had given me incorrect instructions, which was crucial for my case. In my situation, they helped me prepare a detailed letter to the IRS explaining why I qualified for the rollover relief provision, and I ended up getting about 80% of the penalties waived. They also helped me document everything properly for a complaint to FINRA against the advisor.
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Mei Liu
•How long did this process take with the IRS? I'm curious because I'm having issues with an inherited 401k (different situation but still dealing with the IRS). Did you have to wait months for resolution?
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Liam O'Sullivan
•Sounds interesting but I'm skeptical of AI tools for something this complex. Did they have actual tax professionals reviewing the AI analysis? I'd be nervous about putting my financial future in the hands of an algorithm.
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AstroAdventurer
•The IRS process took about 4 months from submission to getting a response, which was actually faster than I expected. They initially rejected part of my claim, but with the documentation I had prepared, I was able to appeal successfully and get most of the penalties removed. Yes, they have tax professionals who review everything. The AI does the initial document analysis and identifies relevant regulations, but then tax experts review the findings and help formulate the strategy. It's definitely not just an algorithm making recommendations - it's more like the AI does the heavy lifting of sorting through all the documents and tax codes, then professionals help you use that information.
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Liam O'Sullivan
I wanted to follow up about my experience using https://taxr.ai for my inherited IRA situation. I decided to try it despite my initial skepticism, and I'm really glad I did. The service analyzed all my documents including the 1099-R, transfer statements, and emails with my advisor. They identified specific language in my advisor's communications that clearly showed I was given incorrect guidance. They even found a similar case precedent where the IRS had granted relief in a nearly identical situation. What impressed me was how they pulled together all the technical details into a coherent narrative that clearly established I had acted in good faith based on professional advice. They helped me prepare a comprehensive letter requesting relief under Revenue Procedure 2020-46 with all the right citations and attachments. I just heard back from the IRS last week - they've agreed to waive most of the penalties! I'm still paying some tax, but it's about $5K instead of $30K. Definitely worth the investment.
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Amara Chukwu
This is exactly why people struggle getting help from the IRS directly. When I had a somewhat similar issue with an inherited retirement account last year, I spent WEEKS trying to get someone on the phone who could actually help. Always busy signals or disconnects after waiting for hours. I finally used https://claimyr.com to get through to the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they hold your place in line and call you when an agent is about to pick up. Saved me literally days of frustrated phone calls. When I finally got through to a knowledgeable IRS agent, they explained exactly what forms I needed to submit and how to document my case. The agent confirmed that financial advisor errors can sometimes qualify for relief under specific provisions, but only if you document everything correctly.
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Giovanni Conti
•Wait, so this service just sits on hold with the IRS for you? Does it actually work? The IRS phone system is basically impossible to navigate, I've tried like 5 times to get help with my tax situation.
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Fatima Al-Hashimi
•This seems too good to be true. I've literally spent hours on hold with the IRS only to get disconnected. How much does this cost? And how do you know you're getting connected to the right department? The IRS phone tree is a nightmare.
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Amara Chukwu
•Yes, it actually sits on hold for you and calls you when a human agent is about to pick up. It completely works - I was shocked too when I first tried it. The service connects you based on the specific IRS issue you need help with, so you get the right department. They have all the IRS department options mapped out in their system. When you schedule your call, you select exactly what you need help with (in this case, probably "Tax Penalties" or "Retirement Account Issues"), and they'll navigate the phone tree for you.
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Fatima Al-Hashimi
I have to come back and eat my words about Claimyr. After my skeptical comment, I decided to try it myself since I was desperate to talk to someone at the IRS about my incorrect 1099-R situation. It actually worked perfectly! I selected the retirement accounts option, and the service navigated the IRS phone tree for me. After about 90 minutes (during which I could go about my day), I got a call telling me an agent was about to pick up. I spoke with an incredibly helpful IRS specialist who walked me through the exact process for requesting relief based on advisor misguidance. The agent confirmed that I needed to submit a statement explaining how I relied on professional advice, copies of all communications with the advisor, and Form 843 with specific notation about Revenue Procedure 2020-46. She even gave me a direct fax number to send the documentation to their specialized team. I'm still working through the process, but at least now I have a clear path forward directly from an IRS source. Saved me countless hours of frustration!
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NeonNova
As someone who works in financial compliance (not giving legal advice), I strongly recommend you also file a formal complaint with FINRA against this advisor. What they did was a clear violation of their professional responsibilities - they should absolutely know the rules about inherited IRAs. Go to FINRA's BrokerCheck, look up your advisor, and file a complaint through their system. This creates an official record of the misconduct. Also, contact the compliance department at their firm directly - not through the advisor. Most firms will bend over backward to resolve these situations to avoid regulatory issues. Document everything chronologically - your instructions to them, their recommendations, when transfers occurred, etc. This timeline will be crucial for both regulators and any potential arbitration.
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Zoe Papadakis
•Thank you for this advice. I've already started documenting everything, but I wasn't aware I could file a FINRA complaint. Would this potentially help me get compensation for the taxes and penalties I'm facing? And should I contact the compliance department before or after filing with FINRA?
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NeonNova
•Contact the compliance department first before filing with FINRA. Many firms will work to make things right when they know a regulatory complaint is likely. Be very clear about the financial damage this has caused - $30K in unexpected taxes and penalties due to their advisor's incorrect guidance. Yes, this could potentially lead to compensation. Many cases are resolved through the firm's internal processes with a settlement agreement. If that doesn't work, FINRA has an arbitration process specifically for these situations. The documentation showing you relied on their expertise and that they gave incorrect advice will be crucial. Keep all emails, notes from phone calls, and especially any marketing materials where they claimed expertise in retirement accounts.
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Dylan Campbell
Important point that hasn't been mentioned yet - depending on when the original Roth IRA owner established their account and how long they had it, there might be a way to argue that some portion of the distribution should be considered qualified regardless. For Roth IRAs, the "five-year rule" can sometimes apply differently to inherited accounts. If the original owner had the Roth for more than 5 years before passing away, some of the earnings might still be considered qualified distributions. At minimum, your contributions portion should still be tax-free (just the earnings would be taxable), so make sure your tax professional is calculating this correctly. Don't just accept the full amount as taxable!
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Sofia Hernandez
•This is a really good point. I learned this the hard way too - there's actually a difference between the "principal" (original contributions) and the "earnings" in a Roth IRA for tax purposes. The principal should ALWAYS be tax-free when withdrawn, even if done incorrectly. Only the earnings would potentially be subject to tax and penalties.
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Dylan Campbell
•Exactly! The 1099-R might show the full distribution amount, but you should only be taxed on the earnings portion if this was truly an inherited Roth IRA. The original contributions should remain tax-free regardless of how the transfer was handled. If the original Roth owner had their account for more than 5 years before passing away, the qualified earnings distribution rules might also apply, potentially making even more of the distribution tax-free. Your tax professional needs to dig into these details rather than just accepting the full amount as taxable.
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Omar Zaki
This is an absolutely devastating situation, and I'm so sorry you're dealing with this. As someone who's worked with inherited retirement accounts, I can tell you that this type of advisor error is unfortunately more common than it should be. One additional avenue you might consider is checking if the advisor has Errors & Omissions (E&O) insurance through their firm. Most financial advisors are required to carry this type of professional liability insurance specifically for situations like this where their advice causes financial harm to clients. When you contact the compliance department at Lincoln Financial, specifically ask about their E&O coverage and whether this situation would qualify for a claim. Document that you explicitly relied on their advisor's expertise regarding inherited IRA rules, and that you would never have made this transfer without their professional recommendation. Also, make sure to request all recorded calls if any of your conversations with the advisor were recorded. Many firms record client interactions, and having the advisor's voice on tape recommending this incorrect transfer could be invaluable evidence. The combination of IRS relief requests, FINRA complaints, and potential insurance claims might help you recover most of this $30K mistake. Don't let them brush this off - this is a serious professional error that caused substantial financial damage.
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Dmitry Ivanov
•This is really helpful information about E&O insurance - I hadn't thought about that angle. Do you know if there's a specific time limit for filing E&O claims? I'm worried that since the transfer happened last January, I might be running out of time to pursue this avenue. Also, regarding the recorded calls - how do I go about requesting those? Do I need to make a formal written request, or can I just call and ask? I definitely remember having phone conversations with the advisor about consolidating my accounts, so if those were recorded it could be exactly the evidence I need. I'm feeling more hopeful that there might be multiple ways to address this situation. Thank you for taking the time to share such detailed advice!
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Omar Farouk
This is such a frustrating situation, and I feel for you dealing with this mess. I wanted to add one more potential avenue that hasn't been mentioned yet - consider reaching out to your state's insurance commissioner's office as well. Since Lincoln Financial is an insurance company operating in your state, they're regulated not just by FINRA but also by your state insurance department. Many state insurance commissioners have consumer protection divisions that can put additional pressure on companies to resolve situations like this. I'd also recommend documenting the timeline very carefully - specifically when you first contacted the advisor, when they made their recommendations, and when the actual transfers occurred. If there's evidence that they marketed themselves as retirement planning experts or inherited IRA specialists, that strengthens your case significantly. One thing that struck me from your post is that you mentioned the advisor "mainly push insurance products for commissions." This suggests they may not have been properly qualified to give advice about inherited IRAs in the first place. Make sure to include this context when you file complaints - it shows they were operating outside their area of expertise. The fact that multiple people here have had success with IRS relief procedures gives me hope for your situation. The key seems to be thoroughly documenting that you relied on professional advice and would never have made this transfer without their explicit recommendation. Keep fighting this - $30K is way too much to lose due to someone else's professional negligence.
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Charlie Yang
•This is excellent advice about contacting the state insurance commissioner - I hadn't even thought about that regulatory angle since Lincoln Financial is primarily an insurance company. It's good to know there are multiple regulatory bodies that can put pressure on them to make this right. Your point about documenting their marketing as retirement specialists is spot on. Looking back at their materials and our initial conversations, they definitely positioned themselves as experts in retirement planning. If I can show they were operating outside their actual area of expertise with inherited IRAs, that should strengthen my case considerably. I'm starting to feel like I have a real battle plan now between the IRS relief procedures, FINRA complaints, E&O insurance claims, and now state insurance regulation. It's overwhelming but at least I have multiple avenues to pursue rather than just accepting this $30K loss. Thank you for the encouragement to keep fighting this. It's easy to feel defeated when facing such a huge unexpected tax bill, but all the advice in this thread has given me hope that there are ways to hold the advisor accountable for their mistake.
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Evelyn Rivera
I'm really sorry to hear about this situation - it's exactly the kind of inherited IRA mistake that can be financially devastating. Based on everything shared in this thread, you definitely have multiple paths forward and shouldn't give up. One thing I'd add to all the excellent advice already given: make sure you're working with a tax professional who specifically has experience with inherited retirement account issues. Not all CPAs or tax preparers are familiar with the nuances of inherited IRA rules and the various relief provisions available. Also, when you're documenting everything for your various complaints and relief requests, focus heavily on the fact that you explicitly sought professional guidance specifically because you wanted to avoid making mistakes with inherited accounts. This demonstrates that you acted reasonably and in good faith - you didn't try to handle complex retirement account transfers on your own, you hired a professional specifically to avoid errors. The combination of IRS relief procedures (Revenue Procedure 2020-46), FINRA complaints, potential E&O insurance claims, and state insurance commissioner involvement gives you multiple shots at recovering most of this money. Even if each avenue only partially succeeds, the combined effect could significantly reduce your financial exposure. Document every phone call going forward, save every email, and don't let Lincoln Financial or the advisor minimize this as a "simple misunderstanding." This was a fundamental error in retirement account handling that any financial professional should have known to avoid.
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Vanessa Figueroa
•This is such valuable advice about finding a tax professional with specific inherited IRA experience. I'm realizing now that my current tax preparer, while competent with regular tax situations, might not have the specialized knowledge needed for this complex situation. Do you have any suggestions for how to find a CPA or tax attorney who specifically deals with inherited retirement account issues? Should I be looking for certain certifications or asking specific questions when I interview potential professionals? Also, your point about emphasizing that I sought professional guidance specifically to avoid mistakes is really important. I think I need to be more assertive in my communications about this - I didn't just stumble into this situation, I actively tried to do the right thing by hiring what I thought was a qualified professional. The idea that multiple partial successes could add up to significant relief is encouraging. Even if I can't get the full $30K back, reducing it to a more manageable amount would make a huge difference. Thank you for helping me see this as a multi-front approach rather than just hoping for one magic solution.
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