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Re: Formerly tax-free



BMS wrote:

Aren't those distributions just income tax free, however they get tossed
into the calculations for estate tax and probate?

The Roth IRA would appear to always impact estate tax calculations, though there was one commentator who, for a while, had a theory about how the right to the Roth could be moved out of the estate--though the IRS didn't agree.


Generally, unless no beneficiary is designated or the person's estate is designed as the beneficiary of the Roth IRA, it wouldn't impact probate issues in most states. That's because the Roth IRA generally passes by beneficiary designation and not through the probate mechanism.

Life insurance is a more interesting issue--depending on how the policy is owned and the rights retained or not retained by the insured, it may or may not be included in the estate. For *probate* the issue is basically the same as the Roth IRA--if it passes to a designated beneficiary who is not the estate, it would pass outside probate.

--
Ed Zollars, CPA
Phoenix, Arizona




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