Legal Question in Wills and Trusts in Illinois
IRA disbursment and MRD at death
Traditional IRA, named beneficiaries, no surviving spouse. Father has already started receiving MRD. The amount received so far this year does not meet MRD for this year. Does the amount that has to be taken out this year go to the estate or does everything go to the beneficiaries? Ex. If MRD is $5000 and $2000 was distributed before death, is the remaining $3000 part of the estate since the deceased has to take it? IRS pubs. don't mention this. Do I need a CPA or an atty that specializes in taxes? I know that the beneficiaries can decide next year how they want their share distributed to them. Thank you.
1 Answer from Attorneys
Re: IRA disbursment and MRD at death
I briefly looked at the IRS regulations for 2002 and later years. They spend great effort discussing how payments after death to trusts, estates, and/or beneficiaries may satisfy the RMD rules. I am both an attorney and CPA, and the definitive answer to your question will require a review of the facts, the IRA, etc. by a competent tax lawyer or CPA familiar with this area, and paid for the time involved.
This is not within the "walking around"knowledge of most CPAs or attorneys, you need to speak to someone familiar with ERISA and these rules to properly structure the remaining distributions.
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