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The Impact of the Secure Act on Florida Estate Plans

Estate planning is a dynamic field influenced by evolving laws and regulations. One of the most significant federal legislative changes in recent years is the Setting Every Community Up for Retirement Enhancement (Secure) Act. This legislation, enacted in December 2019, has substantial implications for estate planning strategies in Florida and across the nation. In this blog post, we'll explore the key provisions of the Secure Act and how it affects estate planning for Florida residents.

Understanding the Secure Act

The Secure Act primarily focuses on retirement accounts and aims to promote retirement savings and enhance retirement security. However, its provisions have far-reaching consequences for estate planning, particularly in relation to Individual Retirement Accounts (IRAs) and other retirement assets.

Key Provisions of the Secure Act:

1. Changes to Required Minimum Distributions (RMDs): The Secure Act increased the age at which individuals must start taking RMDs from their retirement accounts from 70½ to 72. This change provides more flexibility for retirees to delay taxable withdrawals.

2. Elimination of the "Stretch IRA": Perhaps the most significant impact of the Secure Act on estate planning is the elimination of the "stretch" provision for inherited IRAs. Previously, beneficiaries, especially non-spouse heirs, could stretch out the distributions from an inherited IRA over their lifetimes. Under the Secure Act, most beneficiaries must withdraw the entire IRA balance within ten years of the original account owner's death.

3. Exceptions to the Ten-Year Rule: Certain beneficiaries, such as spouses, minor children, disabled individuals, and those not more than ten years younger than the account owner, are exempt from the ten-year distribution rule. They can still utilize the "stretch" option for inherited IRAs.

Impact on Florida Estate Planning:

The Secure Act has several notable implications for estate planning in Florida:

1. Reevaluation of Beneficiary Designations: With the elimination of the stretch IRA for many beneficiaries, Florida residents need to review and possibly revise their beneficiary designations. It's crucial to consider the tax consequences and distribution timelines when naming heirs for retirement accounts.

2. Tax Planning: The acceleration of distributions from inherited IRAs may lead to increased tax liability for beneficiaries. Florida estate plans may need to incorporate strategies to mitigate these tax implications, such as converting traditional IRAs to Roth IRAs.

3. Estate Plan Updates: Florida residents should work with their estate planning attorneys to update their wills, trusts, and overall estate plans to align with the Secure Act's changes. This may involve restructuring trusts or incorporating provisions to address retirement asset distribution.

4. Trust Planning for Minors: If you intend to leave retirement assets to minor beneficiaries, consider establishing trust arrangements that align with the Secure Act's provisions. Trusts can help manage the distributions effectively and provide for the minor's financial well-being.

The Secure Act has brought significant changes to retirement account planning and, by extension, estate planning for Florida residents. To navigate these changes effectively and ensure that your estate plan aligns with your objectives, it's crucial to consult with an experienced estate planning attorney. By understanding the implications of the Secure Act and making necessary adjustments to your estate plan, you can preserve your financial legacy and provide for your loved ones in the most tax-efficient manner possible. Stay informed and proactive to adapt to the evolving landscape of estate planning in Florida.

For a free consultation regarding estate planning or for further help with the estate planning process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

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