QUESTION

Is the untaken portion of a deceased persons RMD subject to his estate or does it belong to the spouse as his beneficiary?

Asked on Aug 02nd, 2013 on Estate Planning - Georgia
More details to this question:
N/A
Report Abuse

5 ANSWERS

If the spouse files a joint return for the year of death, it can be included n the 1040 form. It could also be attributed to the estate.
Answered on Aug 19th, 2013 at 7:28 PM

Report Abuse
Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
Update Your Profile
What is a RMD? Sounds like a type of property interest, but more information is needed.
Answered on Aug 08th, 2013 at 7:40 PM

Report Abuse
Thomas Edward Gates
If it identifies her as the beneficiary, she takes the remainder. Otherwise, it belongs to the estate and distribution made by the terms of the will.
Answered on Aug 08th, 2013 at 7:40 PM

Report Abuse
Neal Michael Rimer
The remaining amount of RMD at the time of the decedent's death is considered IRD, income in respect to a decedent, and is taxable to the estate or the recipient. Who gets the money is a different question. The documents (retirement account, beneficiary designation, trust, if there is one, or any other documents) need to be reviewed to determine where the money goes. If the spouse was the beneficiary then the final joint return of the decedent and spouse could include the RMD balance.
Answered on Aug 08th, 2013 at 7:40 PM

Report Abuse
Generally, the plan/policy language is going to govern and that will dictate whether it passes through the estate or directly to a beneficiary. Please review the plan language to see if it specifies a beneficiary explicitly.
Answered on Aug 08th, 2013 at 7:39 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters