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Understanding the SECURE Act: Who Can Inherit Your Retirement Accounts?

Posted by Scott Lynett, Esq. | Aug 07, 2026 | 0 Comments

For many families, retirement accounts represent one of the largest assets they will leave to the next generation. IRAs and 401(k)s often take decades to build, and many people naturally assume their beneficiaries can simply continue taking withdrawals over the course of their own lifetimes.

That was largely true for many years. However, in 2020, Congress significantly changed the rules by passing the SECURE Act. Those changes affect how inherited retirement accounts are distributed and, in many cases, how quickly beneficiaries must pay income taxes on those assets.

While the rules can seem complicated, understanding a few basic concepts can help you make better estate planning decisions.

Why the SECURE Act Matters

Unlike many other inherited assets, traditional retirement accounts generally contain money that has never been taxed. As distributions are made from an inherited IRA or 401(k), the beneficiary usually pays ordinary income tax on those withdrawals.

Before the SECURE Act, many beneficiaries could "stretch" those distributions over their entire lifetime. Smaller annual withdrawals often meant lower annual tax bills while allowing the remaining assets to continue growing tax-deferred.

The SECURE Act dramatically limited that opportunity for many beneficiaries. Today, the rules depend largely on who inherits the retirement account.

Not Every Beneficiary Is Treated the Same

The SECURE Act divides beneficiaries into several different categories. Each category has its own distribution rules.

Eligible Designated Beneficiaries

Congress recognized that certain beneficiaries may need additional protection or flexibility. These individuals are known as Eligible Designated Beneficiaries (EDBs).

They generally include four categories of individuals: a surviving spouse; a minor child of the account owner (until reaching adulthood); a person who is disabled; a person who is chronically ill; and someone who is not more than ten years younger than the account owner, such as a sibling or long-time partner close in age

Most Eligible Designated Beneficiaries may still stretch distributions over their own life expectancy, although the rules vary depending on the beneficiary. For example, a surviving spouse has several planning options that are not available to most other beneficiaries. A spouse may even roll the inherited IRA into his or her own retirement account under certain circumstances.

Minor Children Receive Special Treatment, but Only for a While

Many parents assume their children can continue stretching distributions throughout their entire lives. That is no longer true.

If your own minor child inherits your retirement account, distributions may generally be stretched while the child remains a minor. However, once the child reaches the age specified under the tax rules, the remaining account generally must be distributed within ten years.

It is important to note that this special rule applies only to the account owner's own minor children, not grandchildren or other minors.

Most Adult Children Fall Under the Ten-Year Rule

For many families, this is the biggest change created by the SECURE Act. Most adult children who inherit an IRA must generally withdraw the entire account within ten years following the owner's death. Depending on the circumstances, annual distributions may also be required during that ten-year period, with the remaining balance distributed by the end of the tenth year.

Imagine a parent leaves a $1 million traditional IRA equally to two adult children. Each child inherits $500,000. Instead of taking relatively small distributions over several decades, each child will generally need to receive the entire inherited account within ten years, potentially creating substantial taxable income during their peak earning years.

That makes thoughtful planning even more important.

Some Beneficiaries Are Not "Designated Beneficiaries"

Not every beneficiary is an individual. Sometimes retirement accounts are left to an estate, certain trusts, or charities. These beneficiaries often follow different distribution rules that can accelerate the timing of required distributions.

Because trusts are frequently used in estate planning, it is especially important to coordinate your trust documents with your retirement account beneficiary designations. A trust that works well for other assets may not always produce the most favorable income tax result for retirement accounts.

Why Beneficiary Designations Matter

Many people spend considerable time creating Wills and Revocable Living Trusts but overlook the beneficiary forms for their retirement accounts. Those beneficiary designations often control who actually receives the account.

If your beneficiary designation no longer reflects your wishes, or if it names the wrong type of beneficiary, you may unintentionally create unnecessary tax consequences or administrative complications for your family.

Periodic reviews are especially important after major life events such as marriage, divorce, the birth of children or grandchildren, retirement, or significant changes in your financial situation.

Every Family's Situation Is Different

The SECURE Act changed the rules, but it did not eliminate planning opportunities. For some families, naming a surviving spouse remains the most appropriate choice. Others may benefit from carefully designed trust planning, charitable planning, Roth IRA conversions, or strategies intended to reduce the future income tax burden on beneficiaries.

The right solution depends on your family, your assets, and your long-term goals.

A retirement account is often one of the largest assets your loved ones will inherit. Taking the time to coordinate your beneficiary designations with your overall estate plan can help preserve more of that wealth and avoid unnecessary surprises.

If you would like to review your beneficiary designations or discuss how the SECURE Act affects your estate plan, I would be happy to assist you. Feel free to schedule a free consultation with my office using the link below to discuss your family's goals and develop a plan tailored to your unique circumstances.

https://thelawofficeofscottlynett.cliogrow.com/book/fd5f91f5a23f0a238a1b08d104b030cb

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