Must 401(k) plan beneficiaries pay income tax on withdrawals?

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

I have a 401(k) plan that's worth about $50,000. Will my beneficiaries have to pay taxes or penalties if they withdraw this money when they inherit it after my death? Can they roll it over into another tax-deferred plan?

Answer:

Assets in a 401(k) plan are taxed whenever the money comes out of the plan. If you take it out during your lifetime, you will pay income tax on the amount you withdraw each year. If there is money left when you die, your beneficiaries must pay income tax on it as it comes out of the plan.

Only a surviving spouse can roll over your retirement plan into another retirement plan of his or her own when you die. Other beneficiaries are required to start taking distributions in the year after your death. (Though if you had already begun taking required minimum distributions, they must take out the required minimum in the year of your death.) As long as your beneficiaries withdraw the minimum required amount -- a sum that is computed according to a prescribed formula -- there will be no penalties, just income tax.

Create Your Estate Plan

WillMaker

Get Started with Quicken WillMaker Plus!

Everything you need to create a complete estate plan:

Write a legally valid will

Avoid probate with Nolo's Living Trust

Create a health care directive

Create a durable power of attorney

Prepare executor documents

Save on attorneys fees

Find an Estate Planning Lawyer

Need professional help?
Enter your zip code to find an estate planning lawyer. (e.g., 10110)
LA-NOLO2:DRU.1.6.3.6.20141124.29342