Can an Inherited IRA Be Rolled Over?

IRA documents

If you inherit an individual retirement account (IRA) from a spouse, you can treat it like your own IRA or roll it over into a traditional IRA you already have. If you are the beneficiary of an IRA inherited from someone other than your spouse, the options are different. You can’t roll it over into an existing IRA. However, you can transfer it into a new IRA, if you satisfy certain requirements. In either case, failing to follow the rules can result in the IRA being treated as a taxable distribution. A financial advisor can guide you as you deal with an inherited IRA so that you don’t needlessly incur any tax liabilities.

Inheriting an IRA From a Spouse

The owner of an IRA can designate anyone to be the beneficiary of an IRA or other account after the owner’s death. Often, the beneficiary is the surviving spouse. Then the beneficiary has some choices.

First, the surviving spouse can name himself or herself as the owner of the inherited account. In this event, it will be as if the surviving spouse had always owned the account. The same distribution rules will apply.

Second, the new owner can roll it over into an existing IRA. This can be a traditional IRA or, after conversion, a Roth IRA. Any taxable distributions can be rolled over into another plan, such as a qualified employer retirement plan, a 401(a) or 403(b) annuity plan or a state or local government’s 457(b) deferred compensation plan.

If the rollover route is selected, it can be accomplished by a direct trustee-to-trustee transaction.

Or it can be done by taking the funds from the account as a distribution and then depositing the funds into another IRA within 60 days. Waiting longer than 60 days to re-deposit the funds into an IRA risks having the distribution taxed like income.

The most desirable way is to use the direct trustee-to-trustee transaction. This can be set up in advance if the wishes of the original owner regarding the inheritance are known.

The age of the beneficiary determines how the inherited IRA will be taxed. That means, for instance, any distributions before age 59 ½ will get charged a 10% penalty in addition to being subject income taxes. And starting at age 72, the beneficiary will have to start taking the annual required minimum distributions (RMDs.) If a beneficiary was 70.5 or older on Dec. 31, 2019, he or she has to start taking RMDs immediately.

Inheriting From a Non-Spouse

Man working on household finances

If you inherit an IRA from someone other than your spouse, you can’t just roll it over. In this case, the usual approach is to open a new IRA called an inherited IRA. This IRA will stay in the name of the deceased person and the person who inherited it will be named as beneficiary. The inheritor can’t make any contributions to the inherited IRA or roll any funds into or out of it.

The funds can’t just stay in the inherited IRA forever, or even until the new beneficiary reaches the age at which they’d have to start being withdrawn. In most cases, all the funds have to be distributed within 10 years of the original owner’s death. If it’s a Roth IRA, all the interest usually has to be distributed within five years of the owner’s death.

Rather than opening an inherited IRA, the person who inherited the IRA can take a lump sump distribution. Even if the person is younger than 59 ½, the distribution won’t be subject to the usual 10% penalty for an early withdrawal. However, the distributed funds will be subject to income taxes.

Bottom Line

Retired couple on a beachInheriting an IRA from a spouse means the beneficiary can simply name himself or herself as new owner of the account and treat it as if it had been theirs all along. Or the bereaved spouse can roll the funds into a new account. If the inheritor is someone other than a spouse, the usual approach is to set up an inherited IRA, keeping the original owner’s name on the account and naming the inheritor as the beneficiary. But sometimes it makes more sense to disclaim an inherited IRA if, for example, the inherited funds would mean the beneficiary’s estate would be so large it would incur the federal estate tax. In the event an IRA is disclaimed, the funds would go to other beneficiaries named on the account.

Tips for Handling IRAs

  • If you inherit an IRA or expect to – especially if your benefactor is someone other than your spouse – consider discussing the best way to handle it with an experienced financial advisor. Finding one doesn’t have to be hard. SmartAsset’s free tool matches you with financial advisors in your area in five minutes. If you’re ready to be matched with local advisors who will help you achieve your financial goals, get started now.
  • One factor in deciding whether to claim and how to claim an inherited IRA is how much you will get from Social Security. That’s where a free, easy-to-use retirement calculator comes in very handy.

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How To Fight an Eviction During the Coronavirus Pandemic

EvictionPeter Dazeley / Getty Images

Eviction may soon become a reality for millions of American renters.

In March, the Coronavirus Aid, Relief, and Economic Security (CARES) Act prohibited landlords from evicting tenants for nonpayment of rent in homes with federally backed mortgages. But this program ended on July 24.

As a result, an estimated 20% of the 110 million Americans who rent their homes are at risk for eviction by Sept. 30, according to a report by the COVID-19 Eviction Defense Project, a group of economic researchers and legal experts working to better understand the housing, homeless, and community recovery during the pandemic.

“We anticipate a flood of evictions because many tenants won’t be able to pay the back rent, and it will be due,” says Deborah Thrope, deputy director at the National Housing Law Project, a housing and legal advocacy nonprofit.

“The eviction moratorium is simply a pause. It’s not rent cancelation,” Thrope says.

But even if you’re struggling to pay rent, this doesn’t mean an eviction is your only choice. Here’s an overview of some of the steps you can take to fight an eviction.

Talk to your landlord ASAP

“The best advice I can give tenants when their financial situation starts to deteriorate is to communicate with your landlord,” says Marina Vaamonde, a real estate investor in Houston and founder of HouseCashin. “Their willingness to have a discussion is the only way tenants can come to a resolution without going to court.”

According to a recent survey of landlords by the American Apartment Owners Association, 67% said they would be willing to offer tenants a rent deferment if they needed it.

So if you know you can’t make your next rent payment, reach out to your landlord as soon as possible. Waiting until after you get an eviction notice may be too late, and your landlord may be less likely to work with you. Your landlord could also already be in the process of filing the eviction with the court, and have paid fees to do so, which may make him more likely to follow through.

“There are a number of things you can negotiate with your landlord,” Thrope says. Some options to consider include a rent repayment agreement, shortening the terms of your lease, or possibly getting out of your lease altogether.

Learn how COVID-19 moratoriums apply to you

Eviction laws vary drastically across the country at the state and even city level, and the COVID-19 pandemic has made it all even more complicated. Along with the CARES Act eviction moratorium, states and municipalities issued their own mandates to pause evictions. So make sure to read up on the eviction laws in your area specifically to better understand what your landlord is legally allowed and not allowed to do.

“Once you understand your legal rights, you’ll know your options,” Thrope says. “We have this patchwork of policy all across the country right now, so it’s important to know the local law and tenant protections.”

One resource for finding out the statutes of local eviction laws is the Eviction Lab at Princeton University, which created a nationwide database. The group has also developed a state-by-state COVID-19 Housing Policy Scorecard, tracking states’ responses to evictions and during the pandemic.

NHLP also has local and national online resources for renters and homeowners during the pandemic.

Make sure your landlord gives you adequate notice

Landlords usually have the legal right to evict tenants for not paying rent, violating a lease, causing damage to the property, or engaging in illegal activity at the home.

Most states require landlords to give an adequate notice of eviction with a deadline to pay rent or move out and the amount owed. If you don’t meet the deadline, the landlord can file a lawsuit to evict you.

But if landlords don’t provide adequate notice of eviction, Vaamonde says a judge will often throw out the case.

In Texas, for example, landlords must provide an official three-day notice to vacate the property with the reason for the eviction, and can file an eviction hearing with the court if the tenant doesn’t respond or move out.

Landlords are also prohibited from taking extreme actions during the eviction process, like changing the locks or cutting off utilities.

Attend your eviction hearing

After being closed because of the pandemic, eviction courts are beginning to reopen across the country, and are moving cases through quickly to clear up the backlog of evictions.

If your landlord files for an eviction in court, you will receive a notice to appear for the hearing. It’s important to show up, especially if you hope to fight the case. You have the right to examine and present evidence and bring witnesses, Thrope says.

“Showing up to the eviction hearing at the courthouse is the only way to receive some form of leniency,” Vaamonde says. “If the landlord wants you out of his property, the judge is the only one with the authority to defer your eviction.”

Since the pandemic has made showing up to court more difficult and dangerous, many proceedings are being held virtually, with tenants expected to appear by phone or videoconference. This may be easier for some tenants, but Thrope says in other cases, it can interfere with due process for some tenants who may not have access to the technology. It also makes it more difficult to look over evidence or converse with attorneys. Make sure you know when, where, and how you’re supposed to show up in court to make sure you do what you can to present your case.

“We hope that courts understand that this is a public health crisis, and that people sheltering in their homes is one of the remedies,” Thrope says. “To put people on the street right now is only going to exacerbate this crisis, so we hope courts will do the right thing.”

Consult an attorney

Fighting an eviction alone is overwhelming for many tenants since the process is so complex. Thrope urges tenants facing eviction to hire an attorney or contact local legal aid organizations.

“Reach out for legal assistance,” she says. “That’s really important because you need to understand what protections you can avail yourself locally.”

A lawyer can help explain whether you’re protected by the CARES Act or other local mandate, as well as how regular eviction laws apply in your situation and what exactly you need to do to fight an eviction.

A lawyer will also help you gather documentation to use as evidence, such as proof of past rent payments or that you lost your job, and any communication that you had with your landlord.

“Most tenants are not represented,” she says. “Some tenants may be savvy enough to [represent themselves], but it’s a legal process. We have the right to counsel, and it’s really critical here.”

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4 Signs Refinancing Is The Wrong Move

4 Signs Refinancing Is the Wrong Move

Refinancing your mortgage can bring your interest rate down, lower your monthly payments and generally save you some money. With rates still low, you may be pondering whether now’s the right time to try for a better deal on your home loan. But you don’t want to pull the trigger too soon. If any of the following apply to you, you may want to think twice before jumping on the refinancing bandwagon.

Compare refinance mortgage rates. 

1. Your Credit’s Not in Great Shape

Refinancing when you’ve got a few blemishes on your credit report isn’t impossible, but it’s not necessarily going to work in your favor either. Even though lenders have relaxed certain restrictions on borrowing over the last year, qualifying for the best rates on a loan can still be tough if your score is stuck somewhere in the middle range.

If you took out an FHA loan the first time around, you might be able to get around your less-than-spotless credit with a streamline refinance, but approval isn’t guaranteed. Interest rates are expected to rise toward the end of the year, but that still gives you some time to work on improving your score.

Getting rid of debt, limiting the number of new accounts you apply for and paying your bills on time will go a long way toward improving your number so that when you do refinance, you’ll be eligible for the lowest interest rates.

Related Article: refinance closing costs.

3. A No-Closing Cost Loan Is Your Only Option

4 Signs Refinancing Is The Wrong Move

If you don’t have a few thousand dollars to spare to cover the closing costs, you can always look into a no-closing cost loan. With this type of refinance, the lender folds the costs into the loan itself so you don’t have to pay anything extra out of pocket. While that’s a plus if you’re short on cash, you may be really putting yourself at a disadvantage in the long run. Increasing your mortgage (even if it’s just by a few thousand dollars) means you’re going to pay more interest over the life of the loan.

For example, let’s say you refinance a $200,000 mortgage at 4 percent for 30 years. Altogether, you’d pay $143,000 in interest if you don’t pay anything extra. Your closing costs come to 3 percent but you roll them into the loan so you’re refinancing about $206,000 instead. That extra $6,000 would cost you another $11,000 in interest so you have to ask yourself whether the monthly savings from refinancing justify the overall added expense.

4. Compare Your Refinance Loan Options

Once you’re ready to refinance, it’s important to take the time to compare what’s available from different lenders carefully. Checking out the rates and fees each lender charges ensures that you won’t spend any more money on a refinance loan than you need to.

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Should You Schedule a Pest and Termite Inspection for the Home You’re Buying?

Whether you’re an aspiring first-time homebuyer and about to make your first offer or you have just purchased your second or third home, you’re probably excited to enjoy your new space. But wait, is that a little critter by the backdoor? Maybe it’s just an ant… nothing to worry about, right? Just to be sure there aren’t any other pests lurking about your new house, you might want to consider getting a pest and termite inspection. Here are five reasons you should schedule a termite and pest inspection before any unwanted visitors wreak havoc on your dream home.

house-pest-termite-inspection

Why should you get a pest and termite inspection?

As a new homeowner, it’s always a good idea to cover all your bases and have a pest and termite inspection performed. Homes in more humid climates – think homes in Miami, FL or houses in Houston, TX – are more susceptible to termite infestations due to the increased moisture in the surrounding environment. If you’ve seen any signs of a termite infestation, it might be a good idea to have a termite inspection. These signs can include buckling floorboards, creaky floors, or damaged wood.

For those still in the homebuying process, if you see signs of termite damage in the house, you should consider adding a termite contingency when making an offer on a home. A termite contingency may give you the option to back out of the sale if there’s been significant damage found. Otherwise, you can try to negotiate with the seller to pay for the repairs. 

What if you’re planning on just getting a regular home inspection? Your home inspector likely won’t look for specific types of pest or termite damage. However, if your home inspector does find damage, contacting a pest or termite inspector should be your next step. A pest or termite control specialist can help you determine what the best course of action is, likely scheduling an inspection to determine the extent of the damage.

Is a pest and termite inspection required before closing on a home?

If you’ve already purchased your home, then you didn’t miss out on any required inspections. For most homebuyers, termite and pest inspections are not required before closing on a home. However, certain types of loans such as FHA and VA loans may require you to pay for a pest inspection before your mortgage approval, so it’s best to check with your mortgage lender or real estate agent. Your real estate agent will also know if your particular state or county requires a pest inspection before purchasing a home.

patio-pest-inspection

5 benefits of having a termite or pest inspection

There are several benefits of having your home inspected for termites or pests.

1) Negotiating power. If the home you’re looking to buy ends up having damage from termites or pests, you’ll likely have better negotiating power. Your real estate agent can help you decide what negotiations to make. These negotiations may include asking the seller to reduce the price so you can pay for pest control services or asking the seller to pay for any repairs or fumigation services before you close on the home.

2) Peace of mind. These inspections will be able to tell you if there’s any structural damage from pests or termites. Your inspector will disclose any issues they find. Then you’ll have an idea of what kind of maintenance you might need as the home’s future owner. 

3) Save money. Moving into a new home can feel like the dream, but it’s always a good idea to know what you’re getting yourself into. Without a pest or termite inspection, you may be foregoing a critical type of home inspection that may end up costing you more money down the road if a problem is left untreated.

4) Prepare for future expenses. If your pest or termite inspector finds certain types of pests in the home you’ll have a better idea of what to look out for as a homeowner. That way, you will know if your new home or the area you’ve moved to is susceptible to specific pests. It will also help you to plan ahead for any costs associated with keeping these pests away.

5) Find a local pest control company. Say your home is more susceptible to termites because you’re buying a house in a more humid area, or that spiders or mice are more common in your county. The good news is you’ve found a local pest control company to help you schedule regular maintenance. You’ll know just who to call for help if any critters start appearing in your house.

What to expect during a pest inspection

The inspection will take roughly 30 minutes but can vary based on the size of the home and whether there’s a basement, crawl space, or any extra areas. The inspector will examine the interior and exterior of the home for any signs of damage, infestation, or specific areas that might be more susceptible to pests. They’ll check for any signs of moisture. Damaged wood or buckled paint indicate the presence of wood-destroying insects like termites. They are more likely to be found in these areas vulnerable areas.

The inspector will check for a variety of different bugs such as carpenter ants, fleas, mosquitos, and moths, among others. Where you are located may also play a role in the types of pests your inspector will look for. Some pests are more likely to be found in certain areas or are local to your region. If these types of local pests are found during the inspection, your pest inspector may recommend regular pest control to keep these critters at bay. 

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Remote-Work Boom During Covid-19 Pandemic Draws Real-Estate Startups

Park in San Francisco social distancingDavid Paul Morris/Bloomberg via Getty Images

A group of real-estate startups is aiming to cash in on the remote-work phenomenon.

With many corporate offices closed because of the pandemic, many young professionals have left cities like New York and San Francisco for warmer, cheaper places. A number still plan to return after their offices reopen, leaving them reluctant to buy homes or sign long-term apartment leases.

That situation is creating fresh demand for furnished housing on a short-term basis, a fast-growing niche that many property startups and their venture-capital backers are rushing to fill.

One of them is Landing, which runs a network of furnished apartments across the U.S. When it launched in 2019, the Birmingham, Ala., and San Francisco-based company initially planned to operate in about 30 cities last year. Instead, it expanded to 75, largely because demand grew much faster than expected, said Landing Chief Executive Bill Smith.

“Covid has taken a decade of change that I was thinking was going to happen between now and 2030 and kind of compressed it into a year,” he said.

Legions of remote workers also offer these firms a chance to make up for reduced tourist and corporate business. San Francisco-based Sonder, which rents out furnished apartments by the night, ramped up its marketing of extended stays during the pandemic, according to Chief Executive Francis Davidson. Stays of longer than 14 days now account for about 60% of the company’s business, up from less than a quarter before the pandemic, he said.

Kulveer Taggar, CEO of corporate-housing operator Zeus Living, said his firm experienced a steep drop in demand as companies hit the pause button on employee travel and relocations. But he was able to make up some ground by renting apartments to individuals. People working from home now account for about a quarter of the company’s business, Mr. Taggar said, up from virtually nothing before the pandemic.

Unlike Sonder and Zeus, remote workers were a key part of Landing’s business before the pandemic. Its customers pay an annual membership fee, which gives them the right to rent furnished apartments in any city. The minimum length of stay varies from 30 to 60 days, and the company asks for a month’s notice before a customer moves out.

The company is popular with college-educated young professionals who don’t want to be tied to a single location. Since the start of the pandemic, it has seen a growing number of customers leave New York and San Francisco and move to cities like St. Petersburg, Fla., and Denver, Mr. Smith said.

In November, Landing raised $45 million in venture funding from a group of investors led by Foundry Group and including Greycroft and Maveron, along with $55 million in debt. Mr. Smith said he hopes to expand to 25,000 apartments by the end of this year, up from around 10,000 today.

That growth carries risk if demand from remote workers were to disappear again after the pandemic is over. Still, Chris Moody, a partner at Foundry Group, said the number of furnished apartments available under flexible terms is still so small that he doesn’t worry about a lack of customers.

“Even at the end of 2021, we won’t really have scratched the surface,” he said.

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