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Notice 2008-30's Thumbs UpNotice 2008-30's Thumbs Up

In a move that generated considerable joy and surprise,1 the Internal Revenue Service announced in Notice 2008-30 that beginning this year, a decedent's qualified retirement account can be directly rolled over into a Roth individual retirement account (IRA) for a nonspouse beneficiary, such as a child, sibling or life partner. (See And the Answer Is p. 30.) Estate planners now have an additional tool

Christopher R. Hoyt, Professor of Law

May 1, 2008

9 Min Read
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Christopher R. Hoyt

In a move that generated considerable joy and surprise,1 the Internal Revenue Service announced in Notice 2008-30 that beginning this year, a decedent's qualified retirement account can be directly rolled over into a Roth individual retirement account (IRA) for a nonspouse beneficiary, such as a child, sibling or life partner. (See “And the Answer Is … ” p. 30.) Estate planners now have an additional tool using inherited retirement accounts that may provide estate planning and tax benefits for certain nonspouse beneficiaries.

The Roth IRA is treated as an inherited IRA rather than the beneficiary's own IRA.2 Thus, amounts must begin to be distributed to the beneficiary the year after the plan participant died, and the a...

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About the Author

Christopher R. Hoyt

Professor of Law, University of Missouri

Christopher R. Hoyt, JD is a Professor of Law at the University of Missouri Kansas City School of Law where he teaches courses in the area of federal income taxation and business organizations.  Previously, he was with the law firm of Spencer, Fane, Britt & Browne in Kansas City, Missouri.  He received an undergraduate degree in economics from Northwestern University and he received dual law and accounting degrees from the University of Wisconsin.

Professor Hoyt has served as the Chair of the American Bar Association’s Committee on Charitable Organizations (Section of Trusts and Estates) and is on the editorial board of Trusts and Estates magazine. He is an ACTEC fellow, has been designated by his peers as a “Best Lawyer”, and was elected to the Estate Planning Hall of Fame by the National Association of Estate Planners & Councils.  He is a frequent speaker at legal and educational programs and has been quoted in numerous publications, including The Wall Street Journal, Forbes, MONEY Magazine, The New York Times and The Washington Post