Wealth Advisor’s recent article entitled “Death by inheritance: Windfall can cause complications” cautions that in a community property state, if you’re married, your inheritance is separate property. It will stay separate property, provided it’s not commingled with community funds or given to your spouse. With a big inheritance, Beck & Lenox states that it is much harder to do than it looks.
One option is for you and your spouse to sign a written marital agreement that states that your inheritance (as well as any income from it) remains your separate property. However, you have to then be careful that you keep it apart from your community property.
If your spouse doesn’t want to sign such an agreement, then speak to an attorney about what assets in your inheritance can safely be put into a trust. If you do this, take precautions to monitor the income and keep it separate.
Another route is to put your inheritance into assets held in only your name and segregate the income from them. This is important because income from separate property is considered community property.
Another tip, as far as the overall management of the inheritance is concerned, is to analyze it by type of asset. IRAs and other qualified funds take very special handling to avoid unnecessary taxes or penalties. If you immediately cash out your inherited traditional IRA, you’ll forfeit a good chunk of it in taxes. If you don’t take the mandatory distribution of a Roth IRA, you’re going see a major penalty.
Inherited real estate has its own set of issues. If you inherited only part of a piece of real property, then you’ll have to work with the other owners as to its use, maintenance, and/or sale. For example, your parents’ summer home is passed to you and your three siblings. If things get nasty, you may have to file a partition suit to force a sale, if your siblings aren’t cooperative. Real estate can also be encumbered by an environmental issue, a mortgage, delinquent taxes, or some other type of lien.
Some types of assets are just a plain headache: timeshares, partnership, or entity interests that don’t have a buy-sell agreement, along with Title II weapons (which may be banned in your state).
You can also refuse an inheritance by use of a disclaimer. It’s a procedure where you decline to take part or all of an inheritance.
Finally, speak with an experienced estate planning attorney, so you can incorporate your inheritance into your own estate plan. The attorneys at Beck & Lenox Estate Planning & Elder Law are here to help you create an estate plan that meets all your needs.
Reference: Wealth Advisor (Nov. 10, 2020) “Death by inheritance: Windfall can cause complications”