Can An Inherited IRA Be Split Between Siblings? A Detailed Review

Explore the complexities of inheriting an IRA and dividing it among siblings in this guide.

Following the passing of a parent, it’s customary for siblings to receive various assets, ranging from cars and houses to bank accounts, jewelry, and IRA accounts.

Acquiring a comprehensive understanding of the post-inheritance procedures is vital.

Frequently, assets are inherited jointly with siblings, reflecting the desire of the parents for equal distribution.

Joint inheritance adds an additional layer of complexity to the legal aspects.

One asset, in particular, that poses a challenge is the inherited IRA account.

The intricate rules governing the management of inherited IRAs can be daunting to comprehend.

Delve further into the intricacies of sibling inheritance and the division of assets by reading on!

Table of Contents

What is an IRA account?

Understanding what an IRA is is crucial before learning how to split an inherited IRA account.

An IRA is an individual retirement account for saving money throughout your life.

There’s an age requirement for withdrawals without a penalty – 59 ½ years old.

Any early withdrawal faces a 10% penalty.

At 72, the IRS mandates a yearly withdrawal, known as the required minimum distribution (RMD).

RMD must start by April 1 of the following year.

The distribution amount depends on the account value and the owner’s life expectancy.

Rules for Splitting IRAs

The SECURE Act has special rules for different beneficiaries: disabled individuals, minor children, chronically ill, spouses, and those not over 10 years younger than the deceased.

They can follow more favorable inherited IRA rules, disregarding the year of death.

For deaths in 2019 or earlier, the Required Minimum Distribution (RMD) was based on the account holder’s life expectancy.

Divide the IRA balance by the remaining expected years based on when you inherited the account.

If there are multiple beneficiaries, the oldest sibling’s age determines the minimum required distribution amount.

Joint beneficiaries have an alternative. Within a year of the deceased’s passing, you can split the IRA into separate inherited IRAs.

Each sibling can use their life expectancy for minimum required distributions.

Discuss with your siblings to choose the best option collectively.

Ensure alignment and understanding to avoid confusion or conflict when splitting the inherited IRA.

Read more: Can a half brother claim inheritance?

The Importance of Estate Planning

Navigating the intricate landscape of rules and regulations linked to inherited IRA accounts can pose a significant challenge due to their constant evolution and complexity.

Amidst this confusion, establishing a comprehensive Estate Plan emerges as a crucial step.

This plan not only simplifies the intricate process but also plays a vital role in safeguarding your assets.

By meticulously detailing your wishes and ensuring accurate beneficiary listings, you not only streamline the inheritance process for your loved ones but also provide a layer of protection for the assets you’ve worked hard to accumulate.

In essence, crafting a robust Estate Plan becomes a proactive strategy to mitigate confusion and fortify the financial well-being of your beneficiaries.

T Bag, J.D., LL.M. Professor of Law and Mediation Expert in Family and Siblings Property Disputes

Education:

• J.D., Conflict Resolution and Mediation, Harvard Law School
• LL.M., Estate Planning and Family Law, Yale Law School

Experience:

• Over 15 years of experience mediating complex family property disputes, including estate conflicts and business succession issues.
• Extensive background in facilitating negotiations between siblings and other family members to preserve relationships and family wealth.
• Recognized authority on the legal and psychological aspects of property disputes among family members.

Publications:

• “Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth” – A comprehensive guide on the advantages of mediation over litigation in family disputes.
• “Negotiating Principles of Entitlement in Sibling Property Disputes” – An analysis of entitlement principles applied in sibling conflicts over property.

Professional Affiliations:

• Member of the American Bar Association, Section of Dispute Resolution
• Fellow at the Center for the Study of Dispute Resolution, University of Missouri

Awards:

• Recipient of the Excellence in Mediation Award from the National Mediation Conference
• Honored with the Distinguished Mediator Award by the International Mediation Institute

Teaching:

• Professor of Law at the University of California, Berkeley, teaching courses on family law, estate planning, and conflict resolution.
• Guest lecturer at various law schools across the USA, sharing insights on mediating family property disputes.

Consulting:

• Provides expert consulting services to law firms and families on matters related to inheritance, property rights, and intergenerational wealth transfer.
• Advises on creating legal frameworks that minimize conflict and promote fair resolution in family property disputes.

Philosophy:

• Believes in the power of mediation to resolve conflicts while maintaining family harmony and protecting privacy.
• Advocates for creative and compassionate solutions that address the underlying emotional dynamics of family disputes.

Contact Information:

• Email:
• Office: Department of Law, University of California, Berkeley