IRA 2

December is right around the corner, meaning that you must be on top of the year-end deadline dates for contributions to and distributions from your various retirement accounts.  Below are some the common mistakes that retirement account owners make at year-end, and what you can do to avoid them.

  • Take your required minimum distribution (RMD) before year-end. Forgetting to take, or taking less than the RMD from your retirement accounts is a common mistake.  Understand that you must take your first RMD from your IRA for the year in which you turn 70 ½. However, you can delay the first payment until April 1 of the following year.
  • Understand rules for inherited IRAs. If an IRA owner died this year and did not take the RMD, it must be taken before the end of the year and is payable to the beneficiary, not the estate.  Beneficiaries must take RMDs before December 31.  If you are the owner of an inherited IRA from a non-spouse do not forget to take your RMD as there is a 50 percent penalty on amounts that should have come out. 
  • Take your RMD from your 401(k). Take RMDs from your 401(k) by what’s called you’re your required begin date.  According to the IRS, the required beginning date is April 1 of the first year after the later of the following: (1) Calendar year in which the participant reaches age 70 ½; (2) Calendar year in which the participant retires. 
  • Aggregate your RMDs. You are likely to make RMD mistakes if you own many different types of retirement accounts.  Thus, if you have more than one IRA and have reached your required beginning date you can aggregate your IRAs and take the RMD from any or all of them.  However, you cannot aggregate 401(k)s.

See Robert Powell, Year-End Retirement Plan To-Do List, USA Today, Nov. 15, 2014. 

Photo of Gerry W. Beyer Gerry W. Beyer

Dr. Gerry W. Beyer joined the faculty of the Texas Tech University School of Law in June 2005 as the first holder of the Governor Preston E. Smith Regents Professorship. Previously, Prof. Beyer taught as a professor or visiting professor at several other…

Dr. Gerry W. Beyer joined the faculty of the Texas Tech University School of Law in June 2005 as the first holder of the Governor Preston E. Smith Regents Professorship. Previously, Prof. Beyer taught as a professor or visiting professor at several other law schools including Boston College, Boston University, The Ohio State University, Southern Methodist University, the University of New Mexico, Santa Clara University, St. Mary’s University, and La Trobe University in Australia.

Prof. Beyer is admitted to practice in Texas, Illinois (inactive), Ohio (inactive) and before the United States Supreme Court and the United States Court of Appeals for the Armed Forces.

Prof. Beyer is the recipient of dozens of outstanding and distinguished faculty awards from three law schools including the Chancellor’s Distinguished Teaching Award, the most prestigious university-wide teaching award at Texas Tech, the 2015 President’s Academic Achievement Award, and the Outstanding (Law) Researcher Award in 2013 and 2017.

As a state and nationally recognized expert in estate planning, Prof. Beyer is a highly sought after lecturer. He presents dozens of continuing legal education presentations each year for many national, state, and local bar associations, universities, and civic groups. In recognition of his expertise and contributions to the legal profession, the National Association of Estate Planners & Councils inducted him into the Estate Planning Hall of Fame in 2015. In 2022, Prof. Beyer was awarded the Distinguished Probate Attorney Lifetime Achievement Award by the Real Estate, Probate, and Trust Law Section of State Bar of Texas.

Prof. Beyer is the editor of the most popular estate planning blawg in the nation which after being named for five consecutive years to the ABA Journal’s Blawg 100 was awarded Hall of Fame status in 2015.

Prof. Beyer is the author of dozens of books and hundreds of articles focusing on various aspects of estate planning, including a two-volume treatise on Texas wills law, an estate planning law school casebook, and the Wills, Trusts, and Estates volume of the Examples & Explanations series. He has four times won awards from the American Bar Association’s Probate & Property magazine for his writing. He is one of the most often downloaded law authors on the Social Science Research Network with a ranking in the top .001%.  Prof. Beyer is the Editor-in-Chief of the REPTL Reporter, the official journal of the largest section of the State Bar of Texas, the Real Estate, Probate and Trust Law Section.

Prof. Beyer serves as a mentor to many students and various law school organizations as well participating regularly in pro bono activities. He is the advisor for the Estate Planning and Community Property Law Journal and its annual seminar, the Black Law Students Association, and the Estate and Property Law Society.

Prof. Beyer received his J.D. from the Ohio State University (summa cum laude) and his LL.M. and J.SD. degrees from the University of Illinois. He is a member of the Order of the Coif, an Academic Fellow and former Regent of the American College of Trust and Estate Counsel, a member of the American Law Institute, and was appointed by the Uniform Law Commission as the Reporter for the Uniform Electronic Estate Planning Documents Act and the Integration of Probate and Non-Probate Transfers Study Committee.