Estate taxes on Roth IRA?

[Guest louis zirin]

Is a Roth IRA owned by an individual subject to probate and federal estate tax on death of the owner? If yes, how can these be avoided?

[Guest Mary Ann]

If the Roth IRA owner has named a designated beneficiary, then it would NOT go through probate. The Roth IRA would transfer to the beneficiary directly. There are choices to be made by the beneficiary as to how he wants to receive the funds.

The total amount in the Roth IRA at date of death of the owner is included in his total assets to determine if there is an estate tax liability.

[Bruce Steiner]

IRAs payable to a beneficiary are not probate assets (since they are payable to the beneficiary).

By having a beneficiary, you generally get a longer payout period, and, depending on what state you are in, you can avoid creditors.

But besides the above, what's the big deal about probate. To probate a Will, you bring it in to the court with some simple forms, a death certificate and a small check. You don't probate assets -- you probate the Will.

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Bruce Steiner, attorney

(212) 986-6000 (NY office)

(201) 862-1080 (NJ office)

also admitted in FL