Roth IRAs: The Newest Way to Avoid Probate

Copyright © Nolo Press 1998

The new "Roth IRAs" are all the rage these days. Everywhere you look, ads urge people to think about opening one of these accounts or converting an existing IRA to Roth form. What's been overlooked, in the excitement about tax-friendly ways to save for retirement, is that the Roth IRA can also be a great way to leave money--lots of it, if you're a supersaver--to your heirs without probate.

Roth IRA Basics

Contributions
Not tax-deductible. Current limit is $2,000/year per person. That's the total you can contribute to all your IRAs, whether tradition or Roth.

Eligibility
You can make a full $2,000 contribution if your adjusted gross income is less than $95,000; benefits end when your AGI reaches $110,000 (individual). For married couples, the benefits are phased out at AGIs of $150,000 to $160,000. It doesn't matter whether or not you are covered by a retirement plan at work.

Early Withdrawals
Withdrawals made before you reach age 59 1/2 are subject to a 10% penalty. The only exceptions are if you become disabled or need money to buy your first home. There is a $10,000 lifetime limit on penalty-free withdrawals.

Converting An Existing IRA
If your adjusted gross income is less than $100,000, you can convert a traditional IRA into a Roth IRA. You must pay tax on the money in the account as if it were ordinary income. Make the switch during 1998 and you'll get a big tax break: you can pay the tax over the next four years.

The Tax Advantages

Unlike an IRA, Keogh, 401(k) or 403(b) plan, contributions to a Roth IRA are not tax-deductible. So what's behind all the Roth IRA hype? The big selling point is that when you're ready to withdraw money from the account, what you take out--including everything your contributions have earned over the years--is not taxed. (The only restriction: the account must have been open for five years.)

That can make a huge difference if the account value grows significantly and you want to withdraw money while you're still in a higher tax bracket. Think of it this way: It's far better to pay a tax on the $1 you contribute to a Roth IRA now, and no tax on the $10 you withdraw 30 years later, than it is to pay no tax on the $1 you contribute to a conventional retirement plan and a hefty federal income tax (up to 39.6%) on everything you withdraw later. The longer you save, the bigger the likely benefits. Some financial advice-givers opine that a Roth IRA must be open for at least 10 years for it to beat out a traditional IRA.

Probate Avoidance Made Easy:
The Unsung Advantage

Unlike traditional plans, the Roth IRA also provides a way to pass a large amount of money, without probate, at your death. With a traditional IRA, you must start making withdrawals after you reach age 701/2. The amount you must withdraw each year depends on your age and the age of the beneficiary of the account--that is, the person you've named to inherit it at your death. The idea is that you will use up your retirement account by the time you die.

But a Roth IRA has no mandatory withdrawals. That means you can let the account keep accumulating income, tax-free, until your death, when it will pass to the person you've named. The only constraints on the amount of money you can pile up are the contribution limits (currently, $2,000 per person per year) and your investment choices.

Passing this money to your heirs is easy, and it doesn't cost a dime. All you do is name someone, on the form the account custodian gives you, to inherit whatever is in the account at your death. If you name more than one beneficiary, they'll split the money equally unless you specify otherwise. You don't need to mention the IRA in your will or living trust; the beneficiary form takes care of everything.

After your death, the beneficiary will need only a certified copy of the death certificate to claim the funds, quickly and without probate.

More Information About Roth IRAs

To get an idea of whether or not a Roth IRA is for you, you can analyze your individual circumstances with software available at these web sites:

Roth IRA conversion calculator: See whether or not it seems to make sense to convert an existing IRA, at www.msco-cpa.com/rothira.htm

Strong Funds: Put in your circumstances and projections, and see the tax consequences. www.strongfunds.com


Roth IRA Web Site Editor's Note: The above copyrighted article was reprinted by permission. It also appears at the Nolo Press web site at http://www.nolo.com/chunkep/iras.html.

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Last modified: November 27, 2001