Category: Financial Planning

The rules for IRAs inherited after 2020 changed when Congress passed the Secure Act in 2019. The new rules eliminated the opportunity for non-spousal beneficiaries to “stretch” inherited IRA earnings over their own lifetime. Up until this year, required minimum distributions (RMDs) and associated penalties were waived while the IRS clarified the new rules; but in 2025, they are in full force for most inherited IRA beneficiaries.

For clarity: Non-spouses who inherited IRA assets after 2020 MUST take RMDs starting this year.

RMD Rules For Non-Spouses

For Traditional IRAs inherited after 2020, the first thing a non-spousal beneficiary must do is transfer the inherited assets into an inherited IRA under his own name. Note that RMDs are then required only if the original owner had reached their RMD age before dying. Under this scenario, the beneficiary must take required minimum distributions going forward, including any RMD not taken in the year the original IRA owner died. Over the next nine years, the new inherited IRA owner must take annual RMDs based on his own life expectancy and deplete the account within 10 years of the decedent’s death.

However, if the original account owner was NOT required to take minimum distributions as of the time he passed, the inherited IRA beneficiary is NOT required to take them – unless he reaches RMD age during the 10-year holding period(starting at age 73, or age 75 effective 2033). Either way, he still must empty the account and pay the requisite tax bill within 10 years of the original account owner’s death.

In addition to paying taxes owed on RMDs, inherited account owners are subject to a 25 percent penalty on any amount shy of that year’s required distribution. Should you miss an RMD, you may be able to reduce the penalty to 10 percent if the correct distribution is taken within two years.

RMD Rules For Spouse Beneficiaries

A spousal beneficiary of the original IRA owner has more options than a non-spouse. For starters, she can retain the original account under her own name. Similar to the non-spouse beneficiary, if the decedent spouse HAD reached his RMD age, the surviving spouse must take required minimum distributions as well, including any RMD not taken in the year the original owner died. However, RMDs thereafter will be calculated based on the surviving spouse’s life expectancy, and there is no requirement to deplete the account within 10 years.

If the original IRA owner had?NOT?started taking RMDs, then the spouse does not have to take RMDs until she reaches the age required to do so. At that point, the RMDs will be based on her own life expectancy.

A spousal beneficiary also has the option to transfer the inherited assets into her own IRA. Under this scenario, her RMD schedule is based on her own age. This option allows her to delay taking RMDs until she reaches RMD age, regardless of the RMD status of the deceased spouse. This strategy provides the opportunity for the inherited assets to grow longer, tax-deferred.

For clarity: the 10-year rule for full distribution does not apply to spouses.

Note that the rules discussed herein do not apply to Traditional IRAs inherited by Trusts or “Eligible Designated Beneficiaries” (EDBs), which refer to chronically ill or disabled beneficiaries, beneficiaries who are younger than the deceased account owner by 10 years or less, or minor children of the account owner.

It’s best to work with a financial advisor or IRA account custodian to choose the option best suited to your circumstances – and ensure you adhere to the appropriate rules.

It can be hard to build up your own business, but it can be harder to sell it for what it’s worth. In fact, only around three in 10 family-owned businesses survive for the next generation. Whether family-owned or in a partnership of non-family owners, business succession is no easy feat.

Succession Planning

It is very important to have a succession plan, even if the business is fairly new. That’s because it gives heirs a roadmap for what to do if the owner dies unexpectedly. The first step is to figure out who you want to run the business after you. If you want to pass it on to one or more family members, be sure to ask if they’d like to own it. Note that the family route may need to be considered a year or more before the transfer to ensure the successive owner has time to learn the ropes.

If you decide to sell the business to a third party, consider if you want to sell it outright or retain partial ownership and continue to get a share of the profits. Also, think about whether or not you want to participate in running the business once ownership changes hands.

Business Owner Partners

In the case of a shared business, a succession plan can help clarify the intent of both owners and provide a legal path of succession if one owner dies. In a worst-case scenario, instead of the surviving partner taking the reins to run the business on his own, he may end up having to run it alongside the deceased owner’s spouse, who might not possess the skills, experience, or proclivity for the business. Or maybe the surviving spouse decides not to sell the business but receive a share of the profits without doing any work.

Key Man Insurance

If the surviving owner would simply like to buy out the deceased owner’s interest in the business, there are certain financial strategies available in the event he doesn’t have the assets to do so. One vehicle is called key man insurance, which refers to policies paid for by the business to cover the death of the business owner. Death proceeds are specifically earmarked to keep the business operating upon the death of the owner.

Buy-Sell Agreement with Life Insurance

A succession plan that includes a Buy-Sell Agreement contract specifies what will happen to the business shares of the owner upon his death. In most cases, the surviving business partner will use the life insurance proceeds to buy the shares at a predetermined value, which ensures that the deceased’s family is adequately paid for his share of the business upon his death.

Family-Owned Business

In the case of a family-owned business, a family member who is active in the business may take out an insurance policy on the owner and use the proceeds to buy out the interests of the non-active family members after the owner dies.

Private Annuity

Another option is a private annuity, in which the owner sells his business to his children in exchange for a fixed annuity income, based on IRS interest rates, for the rest of the owner’s life and, if elected, that of his spouse. If the owner outlives his life expectancy, the children may end up paying him more than the business is worth. However, if the owner dies sooner, they may pay less than the business is worth.

Family Limited Partnership

With a family limited partnership, the business owner transfers some or all of his business to individual family members while he is alive. When the owner dies, the portion of the business that has been transferred is no longer considered a part of the owner’s estate and is therefore not subject to estate taxes.

Seller Financing

If the owner has trouble selling the business to a third party, including perhaps a valuable employee who would like to take over, consider a seller financing agreement. Instead of paying the owner a lump sum, the buyer pays him a fixed, regular payment over a set number of years. Future business revenue secures the note, and the current owner would be qualified to know how well business revenues might hold up under the new ownership. Some sellers set up a finance agreement for just five years or so, after which time the buyer is expected to qualify to refinance with a conventional loan. It’s also possible for the financier to sell the new owner’s note if he decides down the road to get out of the financing role. The good news is that, should the buyer default on the loan, the seller would still own the company.