Q&A: Can I leave my 401(k) to my minor children when I die? (2024)

FAQs

Q&A: Can I leave my 401(k) to my minor children when I die? ›

Though you are technically allowed to name a minor child as a beneficiary of your 401(k), IRA, or other employment-sponsored retirement accounts, it's never a good idea. Minor children cannot inherit the account until they reach the age of majority—which can be as old as 21 in some states.

When you die, your 401(k) or Roth 401(k) generally passes to the beneficiaries listed on your plan. These are people you've told your plan administrator should receive the assets in your account upon your death.

When you enroll in a 401(k), you need to name beneficiaries to inherit your 401(k) if you die. Naming beneficiaries can keep your 401(k) out of probate court. You can name almost anyone as your beneficiary. such as your children, your parents, siblings, a friend, or your favorite charity.

However, minor children of an account owner fall into a special category of beneficiaries (called eligible designated beneficiaries or EDBs). Their mandatory ten-year payout period does not begin until they turn twenty-one, meaning the beneficiary must receive an entire inherited retirement account at age thirty-one.

There is another option that will allow you to completely avoid paying taxes on a 401k inheritance: disclaim it. If you disclaim a 401k inheritance, it will go to the contingent beneficiary, and you will have no tax issues to deal with.

The beneficiary that inherits 401(k) assets is responsible for paying 401(k) inheritance tax. The assets in the account would be taxed at your ordinary income tax rate, not the tax rate of the original account owner.

Within a family, a child can receive up to half of the parent's full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent's basic Social Security benefit. There is a limit, however, to the amount of money we can pay to a family.

5-year rule: If a beneficiary is subject to the 5-year rule, They must empty account by the end of the 5th year following the year of the account holders' death. 2020 does not count when determining the 5 years.

If you leave your job for any reason and you want access to the 401(k) withdrawal rules for age 55, you need to leave your money in the employer's plan—at least until you turn 59 1/2. You can take withdrawals from the designated 401(k), but once you roll that money into an IRA, you can no longer avoid the penalty.

While you can appoint a minor child as a life insurance beneficiary, doing so isn't always the best option. Luckily, there are several alternatives to consider, such as establishing a life insurance trust or creating a UTMA account.

What happens to my dad's 401k when he died? ›

5 After you die, any unused funds will pass to those you name as beneficiaries. If you do not name a beneficiary or the account's beneficiary is deceased, the account will become part of your estate.

If you decide to leave inherited 401(k) funds in the plan, you can take withdrawals from the account without triggering the 10% early withdrawal penalty. You'd still pay regular income tax on any distributions you take.

If you gift your IRA or a 401(k) to your loved ones, other than your spouse, they have to take distributions the next year, whether they want it or not. And if they are withdrawing, then they have to pay taxes on the withdrawals.

Roll the inherited 401(k) directly into your own 401(k) or IRA: This choice gives the inherited money more time to grow. Regular 401(k) rules apply for withdrawals prior to retirement age, meaning you'll pay a 10 percent penalty for early withdrawals before age 59 ½.

Though you are technically allowed to name a minor child as a beneficiary of your 401(k), IRA, or other employment-sponsored retirement accounts, it's never a good idea. Minor children cannot inherit the account until they reach the age of majority—which can be as old as 21 in some states.

Most often, distributions from an inherited 401(k) are included in a beneficiary's regular taxable income. This would be the case if your parent made pre-tax contributions to a 401(k), as most do.

Your 401(k) plan will automatically be inherited by your spouse when you die if you don't name any beneficiaries. But if you didn't have a spouse or they were no longer living, that's where it can get complicated if you didn't name any beneficiaries. Your 401(k) plan would then go through probate.

Typically, pension plans allow for only the participant—or the participant and their surviving spouse—to receive benefit payments. In limited instances, some may allow for a non-spouse beneficiary, such as a child.

For example, some 401(k) plans may allow a hardship distribution to pay for your, your spouse's, your dependents' or your primary plan beneficiary's: medical expenses, funeral expenses, or. tuition and related educational expenses.

Leave the Money in the 401(K) and Withdraw It Over 10 Years

However, as per the SECURE Act, non-spouse beneficiaries who inherit a 401(k) must empty the account within 10 years of the original owner's death. This option allows the funds to continue growing tax-deferred over the decade before withdrawal.