If an IRA owner or other retirement plan participant died before 2020, his designated beneficiary is generally “grandfathered” from the new more stringent required minimum distribution (RMD) regime imposed by the SECURE law (2019). The designated beneficiary of the pre-2020 decedent can take RMDs over his own life expectancy no matter how long it is and regardless of whether he would qualify as an “eligible designated beneficiary” (EDB) under post-SECURE rules.
Death of Grandfathered Beneficiary
But what happens when that “grandfathered” designated beneficiary dies before his “life expectancy” runs out? What RMD rules apply to his successor beneficiary(ies)?
SECURE has an answer: The grandfathered original designated beneficiary is treated as an “eligible designated beneficiary,” so his life expectancy payout continues after his death for his successor beneficiary—but not for more than 10 years.
Preparing an estate plan can be a lot of work, both for the planner but especially for the client. And when that process is over, and the plan has been properly put in place through effective trust funding and asset titling, it is common for the client to not think about the plan again for years at a time.
Generally speaking, we recommend that clients review their planning every three to five years. But, there are very specific family and financial events that may occur during that time that make updating the estate plan crucial. Marriage or divorce, the death of a spouse, the birth (or death) of a child or grandchild, the marriage (or divorce) of a child, significant increases (or decreases) in personal wealth, receiving a substantial inheritance or gift, the sale (or acquisition) of significant business assets, moving to another state, and changes in clients’ relationships with their personal representatives, trustees, or other appointees, are just a few of the most common events that should motivate clients to review their estate planning documents.
Additionally, changes in the law, both at the state level and at the federal level (particularly with regard to the tax code), also should spur a review of the estate plan. We as planners do our best to notify existing and former clients on these types of changes, but it is not feasible to contact everyone that might be affected. For example, the significant changes to the estate tax exemption in the last decade, especially with the passage of the Tax Cuts and Jobs Act in late 2017, have made simplifying estate tax-driven plans much more common.
Overall, the best time to review is when you are worried, concerned or otherwise are wondering if things need to be changed. Most attorneys will not charge for the periodic check in unless and until changes need to be made to your plan. Thus, err on the side of caution and pick up the phone and call. Its better than regretting missed opportunities.
Ready to discuss you plan? Contact us today for a no-cost or obligation consultation.
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