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Scarlett Forster

US estate tax implications for IRA assets - inheritance planning question

I've been helping my mom with some estate planning and I'm confused about how her IRA assets would be treated for US estate tax purposes. She's 75 and has about $1.7 million in traditional IRA accounts, plus another $900k in non-retirement investments. From what I understand, estate tax kicks in around $12.92 million, so she's nowhere near that threshold, but I want to make sure I understand how IRA assets are counted. Are IRA assets included in the gross estate for US estate tax calculations? And if so, is it the full value of the IRA or just the after-tax amount? Also wondering if there are any special exemptions or considerations for retirement accounts when it comes to estate taxes. She has me listed as the sole beneficiary if that matters. Any insights would be greatly appreciated. Just trying to help her get everything organized properly.

IRA assets are absolutely included in the gross estate for US estate tax purposes at their full fair market value at the date of death (or alternate valuation date if elected). This is true regardless of any income tax liability that may be due when distributions are taken by beneficiaries. The good news is that with your mom's current estate size of approximately $2.6 million total, she's well under the federal estate tax exemption amount which is $13.61 million for 2024 (and will likely continue to increase with inflation). So federal estate taxes shouldn't be a concern. However, don't forget to check if your state has its own estate or inheritance tax. Some states have much lower exemption thresholds than the federal government.

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Thank you for the clear explanation! That makes sense that it would be the full value. Quick follow-up question - does it matter that these are traditional IRAs with pre-tax contributions rather than Roth IRAs? And are there any states that are particularly problematic for estate taxes that we should be aware of?

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For estate tax purposes, there's no difference between traditional and Roth IRAs - both are included at their full fair market value. The pre-tax vs. after-tax nature only affects how distributions are taxed to the beneficiary later. Regarding states with estate taxes, it varies significantly. States like Massachusetts and Oregon have exemptions as low as $1 million, while states like New York and Hawaii have higher exemptions but still lower than federal. States like Washington and Minnesota also have estate taxes. Meanwhile, many states like Florida, Texas, and California have no estate tax at all. Where your mother resides makes a significant difference in planning.

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Don't forget to check if your mom's IRA custodian allows for a "stretch IRA" option for beneficiaries. The SECURE Act significantly changed the rules for inherited IRAs, and most non-spouse beneficiaries now have to empty the account within 10 years of inheritance rather than stretching distributions over their lifetime. This doesn't affect the estate tax calculation, but it has huge implications for income tax planning after inheritance. The old stretch rules only apply in limited circumstances now (like for minor children or disabled beneficiaries).

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But aren't spouses exempt from the 10-year rule? I thought if you inherited an IRA from your spouse you could roll it into your own IRA and treat it as your own?

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You're absolutely right. Surviving spouses have special options - they can either treat the inherited IRA as their own (by rolling it into their existing IRA or redesignating it), take distributions as a beneficiary (which allows penalty-free withdrawals before 59½), or disclaim the inheritance in part or whole. The 10-year rule I mentioned applies specifically to non-spouse beneficiaries like children or other relatives. That's why it's important for the original poster to understand these distinctions since they mentioned being the sole beneficiary of their mother's IRA.

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Something nobody's mentioned yet - if your mom's estate is under the federal limit but might be subject to state estate taxes, consider having her make annual exclusion gifts while she's alive. For 2024, she can give up to $18,000 per person per year gift-tax free. This can be a simple way to reduce her taxable estate over time. If she gave to you, your spouse, and say two kids, that's $72,000 she could give annually without any gift tax implications, potentially saving significant state estate taxes later.

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Would taking regular distributions from the IRA accomplish the same thing? Or is it better to gift from non-retirement assets?

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Great question! Generally it's better to gift from non-retirement assets if possible. Here's why: if your mom takes IRA distributions to then gift the money, she'll pay income tax on those distributions at her marginal rate. But if she gifts appreciated non-retirement assets directly, the recipient gets a "stepped-up basis" at her death, potentially eliminating capital gains tax entirely. However, if the non-retirement assets are needed for her living expenses, then IRA distributions for gifting can still make sense, especially if she's in a lower tax bracket than expected future beneficiaries would be. The key is running the numbers on both scenarios to see which minimizes the total tax burden for the family.

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One additional consideration for your mom's estate planning - since she has both traditional IRA assets and non-retirement investments, you might want to discuss with an estate planning attorney whether a revocable living trust makes sense for her situation. While IRAs themselves can't be directly transferred into a trust during her lifetime, the trust can be named as the beneficiary of the IRA, which can provide more control over distributions to ultimate beneficiaries and potentially offer some asset protection benefits. This is especially worth considering if there are concerns about beneficiaries' ability to manage large inherited amounts responsibly. The non-retirement assets could be transferred into the trust now, which would avoid probate on those assets and provide a framework for managing the IRA distributions after inheritance. Just something to explore as part of the overall estate planning process.

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That's a really interesting point about using a trust as IRA beneficiary. I hadn't considered that option. Are there any downsides to naming a trust as beneficiary instead of individuals directly? I'm wondering about things like required minimum distributions or if it complicates the 10-year distribution rule that was mentioned earlier. Also, would this approach potentially trigger any additional taxes compared to direct inheritance?

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@Victoria Brown raises excellent questions about trust complexities. There are definitely some important tradeoffs to consider: Naming a trust as IRA beneficiary can create complications with the 10-year rule. The trust must meet specific see-through "or" conduit "requirements" for the IRA to be distributed based on the trust beneficiaries characteristics' rather than being treated as having no designated beneficiary which (would require distribution within 5 years .)Additionally, trust income tax rates are much higher than individual rates - trusts hit the top tax bracket at just $14,650 of income in 2024. This means if IRA distributions are retained in the trust rather than distributed to beneficiaries, they could face significantly higher income taxes. The main advantages are control and protection - you can specify how and when beneficiaries receive distributions, protect against creditors or divorce, and handle situations where beneficiaries might not be financially responsible. But these benefits come with added complexity and potentially higher taxes. For most straightforward family situations, direct beneficiary designations are simpler and more tax-efficient. Trusts make more sense when there are specific protection concerns or complex family dynamics.

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Just wanted to add another perspective based on my experience helping clients with similar situations. While everyone's covered the estate tax basics well, don't overlook the importance of reviewing beneficiary designations regularly. I've seen cases where clients had outdated beneficiary forms that didn't reflect their current wishes, or worse, no beneficiary listed at all which can force the IRA through probate. Make sure your mom's IRA custodians have current beneficiary forms on file, and consider naming contingent beneficiaries too. Also, if she has multiple IRA accounts, she might want to consider consolidating them to simplify management and ensure consistent beneficiary designations across all accounts. This becomes especially important if she decides to implement any of the trust strategies mentioned earlier.

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This is such an important point that often gets overlooked! I've seen situations where family members discovered after a death that the IRA beneficiary forms hadn't been updated in decades - sometimes still listing ex-spouses or even deceased relatives. One thing to add: when reviewing those beneficiary designations, it's also worth checking if the IRA custodian allows for per stirpes designations. This means if a primary beneficiary predeceases your mom, their share would automatically go to their children rather than being redistributed among the surviving beneficiaries. Can save a lot of complications later. The consolidation suggestion is spot-on too. I've helped relatives deal with estates that had IRAs scattered across 4-5 different institutions - it was a nightmare trying to coordinate everything and ensure all the beneficiary forms were consistent.

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One important detail that hasn't been mentioned yet - make sure your mom understands that while her estate may be well under the federal exemption now, those exemption amounts are set to change dramatically in 2026. The current high exemption ($13.61 million for 2024) is scheduled to sunset and revert back to pre-2018 levels, which would be around $6-7 million adjusted for inflation. This "exemption cliff" in 2026 could potentially affect larger estates, though with your mom's current $2.6 million total, she'd still likely be safe. But it's worth keeping in mind for planning purposes, especially if her assets continue to grow or if she inherits from other family members. Also, since you mentioned you're the sole beneficiary, you might want to discuss with her whether she wants to add any contingent beneficiaries just in case something happens to you before her. Having a clear succession plan can avoid complications later.

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This is such a crucial point about the 2026 exemption cliff that many people aren't aware of! I had no idea the current exemption amounts were temporary. That's definitely something to keep in mind for long-term planning, even if it doesn't affect my mom's situation right now. The contingent beneficiary suggestion is really smart too. I hadn't thought about what would happen if something happened to me first. Do you know if there are any specific considerations for naming contingent beneficiaries on IRAs? Like, should they be named at the same percentage splits, or can you designate different distributions for primary vs contingent beneficiaries? Also wondering if the exemption cliff in 2026 might impact state estate tax planning too, or if those are typically set independently of federal levels?

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