Your retirement funds are protected from creditors even if you file for bankruptcy, with only a few limitations. This protection extends to funds in all government-qualified pension plans, including IRAs (traditional and Roth), 401(k)s, 403(b)s, Keoghs, profit sharing, money purchase, and defined benefit plans.
A recent U.S. Supreme Court decision has held, however, that an inherited IRA is not a "retirement fund" and therefore doesn't qualify for bankruptcy protection.
An inherited IRA is a traditional or Roth IRA that a deceased owner has bequeathed to a beneficiary. It differs from a "true" retirement account in three ways:
1. The beneficiary is not allowed to contribute additional retirement funds to the inherited IRA.
2. The beneficiary, regardless of age, may withdraw funds from an inherited IRA in any amount and at any time without penalty.
3. The beneficiary, regardless of age, is required to take annual minimum distributions from any inherited IRA.
Based on the above characteristics, the Court unanimously concluded that with respect to beneficiaries, inherited IRAs are "not funds objectively set aside for one's retirement" and instead constitute a "pot of money that can be used freely for current consumption."
If you need more information about this Court ruling in your situation, contact our office.
Jeremiah K. Murphy, CPA is an accounting firm providing tax services, audits and business consulting.