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I received a check from my deceased mother’s IRA, can I have that set up as an inherited IRA?

Modesto, CA |

Can I roll it over to mine or would it be better to keep it separate.

Attorney Answers 3


  1. First: An inherited IRA (which is an IRA that you receive as a beneficiary from someone other than your spouse (there are different rules for spouses)) can never be commingled with the your own IRA. It needs to be kept separate. There are different rules for distribution.

    Second: Now that you have received a check, it is too late to establish an inherited IRA. You needed to have the custodian of the decedent's IRA set up the inherited IRA for you or do a trustee to trustee transfer to a custodian who would set up the inherited IRA. Unfortunately, you will now be taxed on the IRA distribution.

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE. IT IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.


  2. Agree with colleague. Questioner, please give Attorney Mary Lynn Symons Best Answer or Mark as Helpful. Her answer was concise and thorough.

    Mr.Scalise offers a FREE consultation; he may be reached at 805-244-6850 or by email (craig@scaliselawfirm.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her.


  3. It is too late regarding the distribution that you received. But I suggest that you see a tax expert on how best to minimize taxes on this distribution.

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