Surviving Spouse IRA with no beneficiary form

Surviving Spouse…husband passed away nearly 5 years ago. He had rolled his 401K to Schwab Rollover IRA but failed to fill out a beneficiary designation form. Died at 65 before RBD.

Survivor is very worried that Schwab will distribute to her as an inherited IRA or to the estate. I see that the Schwab beneficiary form does not default to spouse. Schwab says that with no form they will only distribute to the estate…no spouse rollover permitted.

Somewhere I recollect that spousal rollover may be allowed if she is sole beneficiary of estate. Does that sound right? Any other suggestions about how to work around or appeal this inability to obtain spousal rollover?

Granted…she let this linger for years for sure.

Thnx.

Charles



You may recall this from my article on this subject in the October 1997 issue of Estate Planning: http://www.kkwc.com/docs/AR20050125164755.pdf



Many thanks!



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