Pension Rollover?

[Guest WSM]

Can the executor of an estate rollover a pension distribution to an IRA when the recipient dies within the 60 day rollover period ?

[BPickerCPA]

You will be probably have to get a private letter ruling to do so. Whether or not you will get the ruling will most likely depend upon whether you can show that it was the intention of the decedent to do the rollover.

[Appleby]

In PLR 200204038, the IRS ruled that the rollover could not be completed after death 200419031

Barry- good job with PLR 200419031. Prior to it being issued, we always said rollover of 72(t) payments was not allowed (based on a verbal from the IRS to a 3rd party), even if the distributed amount prior to switching from amortization or annuitization - exceeds the new amount determined under the RMD rules.

[Guest WSM]

Thanks

[Appleby]

On the other hand… In [Gunter v United States, 537 F Supp 126 (WD Mi 1982)] , Gunther received a distribution which he intended to rollover within 60-days.He died before the rollover was completed. It was ruled that the representative of his estate was allowed to complete the rollover within the 60-day period.

I think Gunther is more similar to your case WSM (I am assuming the assets were already distributed since you state within the 60-day period)

In Gunther, the assets were already distributed.

In PLR 200204038, even though the paperwork was completed, the assets were still in the delivering account.