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Making Effective Use of IRAs as Part of an Estate Plan

by Daniel Sudit and Kevin G. McCandlish

It is a common misconception that once you designate a beneficiary for your individual retirement account (IRA) assets, either through your investment adviser or a retirement plan provider, those assets are taken care of in regard to estate planning. It is true that this step does affirm who will receive your retirement assets at passing; however, in order to complete a holistic estate plan, other key issues should be addressed.

There are effective uses of an IRA as part of the estate planning process that most retirees have prepared for. These steps include taking taxable withdrawals from your IRA when your tax bracket is lowest, often right after retirement, completing your beneficiary designation forms in a consistent manner with your estate planning documents, and avoiding naming your estate as your IRA beneficiary. In addition to these commonly discussed themes, you want to ensure your assets are being maximized in accordance with your wishes. This column will cover three complex estate planning strategies for retirement dollars that are often not addressed prior to passing. We have found that they may have sizeable tax effects to an individual’s estate.

Bequest Your IRA to Charity

Many of us are charitably inclined, but could be financially unable to commit a large sum of funds to the causes we are passionate about during our lifetime. Utilizing your retirement assets to make a charitable bequest at your passing is a tax-efficient method to reducing your taxable estate while providing a generous gift to a cause you support. By bequeathing your IRA to a tax-exempt entity (e.g., the YMCA or a public non-profit university), the funds will transfer to the charity tax-free. The charitable beneficiary will receive the entire benefit of your bequest and your estate will receive the full charitable deduction for estate tax purposes, reducing the size of your taxable estate. Depending on the size of your estate and your state of domicile, this deduction could mean the difference between your estate being over or under the federal or applicable state estate tax exclusion limit.

The federal estate tax rate is currently legislated at a flat 40% tax on estate assets in excess of the exclusion limit ($5.34 million in 2014 and indexed to inflation), with the tax paid by the estate. When deciding whether to implement a tax-specific estate planning strategy, be sure to contact your personal tax professional.

Name Grandchildren as Roth IRA Beneficiaries

A second way to use your IRA as part of a holistic estate plan is to complete and maximize the tax efficiencies of a Roth conversion. If a wealthier individual who may have estate tax exposure converts a traditional IRA to a Roth IRA, and pays the taxes with non-retirement dollars, there are various advantages to this strategy.

First, by having the grantor name their grandchildren as the beneficiary, and applying their generation-skipping tax (GST) exemption to the Roth IRA assets, upon inheriting the Roth IRA, the grandchildren can take tax-free distributions over the remainder of their lives. This stretches out the continued tax-free growth of the Roth IRA over many years. The key to effectively utilizing this method is to name the third generation of your family as beneficiaries. Secondly, you reduce the size of your taxable estate by prepaying income taxes generated from the Roth IRA conversion. These taxes would ordinarily be owed when IRA withdrawals are made by the owner or beneficiary.

When considering this strategy many investors wonder which type of investment assets are best suited to be converted to a Roth IRA. Each investor has a different intent for those assets, so the answer is not black and white. If you intend to transfer these assets to the third generation (grandchildren, etc.), high-growth-oriented investments may be most suitable. The bottom line is that any investment allocation with the potential to appreciate at a healthy pace would provide maximum benefit in a tax-free vehicle, such as a Roth IRA. We always recommend consulting with your financial adviser or portfolio manager when structuring your asset allocation.

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Disclaim an IRA Inheritance

An often-overlooked aspect of IRA estate planning does not take place until after the IRA owner passes away. It is the ability for the primary beneficiary to disclaim either a portion of or an entire IRA inheritance in favor of the next beneficiary(s) in line. This effectively “pushes down” assets to the contingent beneficiary(s) designated in the IRA account documents. This is often the next generation in a family. The result will ensure the goals of the decedent are consistent with the needs of the family and/or heirs, thus maximizing the family wealth for future generations.

For example, it may be in the best interests of the family for a surviving spouse to disclaim IRA assets, pushing them down to the named contingent beneficiaries. By bypassing the primary beneficiary, these assets do not add to an otherwise potentially taxable estate for the surviving spouse. Another example would be a case where one or more of the adult children is named as primary beneficiary of a parent’s IRA and is already financially secure. By choosing not to accept the IRA assets, through the process of disclaiming, these funds could transfer to another beneficiary and provide a means of liquidity for that individual.

While there are a number of steps that must be taken in order to utilize the disclaiming process, it may be well worth your time to explore the benefits that this final planning opportunity presents. This strategy should be coordinated with your financial adviser and estate planning attorney.

Conclusion

There are a multitude of methods and options for effectively using an IRA as part of a holistic estate plan and no specific combination of strategies will suit each investor. In order to adequately address your and your family’s needs, it is best to consult a professional to review your personal situation and guide you through the process to build and implement your customized strategy. These professionals may include, but are not limited to, your personal financial adviser, a tax professional or your estate planning attorney. These advisers will have the unique skills and knowledge about these various strategies to help effectively coordinate them with you and necessary legal counsel.

Daniel Sudit is a market manager at BMO Private Bank.
Kevin G. McCandlish , CTFA, is a wealth adviser at BMO Private Bank.


Discussion

Dave Samuels from CA posted 2 months ago:

Also, designating Required Minimum Distributions to a charity may be appropriate if the IRA owner does not need these distributions. This avoids the IRA owner having to pay taxes on these distributions.

Dave Samuels CFP


John Huber from CO posted 2 months ago:

I would love it if AAII would continue with this topic. For example grandchildren are usually minors. Who will administer the IRA?

The major benefit of leaving a Roth IRA to your grandchildren is to let it grow tax free over decades from a modest sum into a tax free fortune. How do you keep your grandchildren's fingers out of the till? How does one set up an IRA-Trust where the IRS will not force all of it to be distributed within 5 years? And so on and so on.

As us baby boomers begin to die off, IRAs will probably be the largest assets we leave behind. AAII's guideance would be a big help.


Kasturi from NJ posted 2 months ago:

Are there any recommendations for asset classes that could be used to ensure tax free growth with minimal or no management after the owner passes?


Peter Pelz from MD posted 2 months ago:

I would also like to see more topics on this subject. This topic is always presented in fragmented form. A small topic here and there. Would also like to see the steps one has to go through after the death of one spouse for a Husband and Wife Living Revocable Trust,and for a Pour Over Will. What are the steps that need to be taken by the surviving spouse in terms of retitling of accounts, IRAs, Annuities, tax returns, etc.


Peter Rasmussen from MN posted 2 months ago:

Mr. Samuels - The tax benefit of donating MRD to a Qualified Charity is no longer true for 2014.


Pete B from NJ posted about 1 month ago:

A very useful article and I agree that more on this general topic would be useful.

One question: The second technique is to "name grandchildren as Roth IRA beneficiaries." Does the GST-exemption only apply to grandchildren? How about nieces and nephews? How about other people so long as they are a skip generation?


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