• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kulas & Crawford

Attorneys at Law

Call Now: (772) 398.0720

Attend a Free Workshop
  • Home
  • About Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Elder Law and Medicaid
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Veterans Benefits
  • Resources
    • Articles
    • Definitions
    • Elder Care Resources
    • Elder Law Resources
      • Elder Law Reports
      • Palm Bay Elder Law Resources
      • Vero Beach Elder Law Resources
    • Estate Plan Checkup
    • Florida Alzheimer’s Guide
    • FREE Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Elder Law and Medicaid
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Probate
      • Trust Administration & Probate Frequently Asked Questions
      • Veteran’s Benefits
      • Wills and Trusts
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Probate Checklist
    • Probate Resources
      • Port St Lucie Probate
      • Stuart Probate
      • Vero Beach Probate
    • Published Books
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Workshops
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Indian River County
      • Vero Beach
    • Martin County
      • Hobe Sound
      • Jensen Beach
      • Stuart
    • Okeechobee County
      • Okeechobee
    • St. Lucie County
      • Fort Pierce
      • Port St. Lucie
  • Blog
  • Contact Us
Home >> Basics of Estate Planning: Choosing a Roth or Traditional IRA (or 401k)

Basics of Estate Planning: Choosing a Roth or Traditional IRA (or 401k)

October 19, 2017 by Steve Hartnett

Roth and Traditional accounts each have their merits. This blog examines the differences between the two.

Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,
American Academy of Estate Planning Attorneys, Inc.

This is another in a series of blogs on the basics of estate planning. In this blog, we’ll look at the differences between a Roth and a traditional IRA (or 401k). We’ll also look at considerations in choosing between them.

With a traditional IRA (or 401k), you make a contribution and that amount is not included in your taxable income for the year. Contributions are limited to $5,500 (plus $1,000 if over age 55) for an IRA (or $18,000 (plus $6,000 if over age 55) for a 401k). When you take distributions from the traditional IRA (or 401k), the amount of the distribution, which may include the original contribution or earnings thereon, is taxed as ordinary income. Generally, Roth IRA (and 401k) distributions are not taxable, including all the earnings on the contributions.

With either one there are penalties for taking distributions prior to age 59 ½, unless an exception applies. With a traditional IRA (or 401k), you must start taking required minimum distributions once you reach age 70 ½, while with a Roth IRA (or 401k) you need take no distributions during your lifetime. This makes the Roth much more flexible from an income tax planning perspective. After death, the same rules apply regarding distributions to beneficiaries. Of course, the Roth distributions will not be included in the beneficiary’s income while the traditional distributions will be.

Generally, if you expect your taxable earnings and rate of taxation to be lower in retirement, you may lean toward contribution to a traditional account. On the other hand, if you expect the rate of taxation to be higher years down the road in retirement, you may lean toward a contribution to a Roth account.

Assets in a traditional or Roth 401k are completely exempt in bankruptcy. Assets in a traditional or Roth IRA are exempt in bankruptcy up to at least $1 million. Thus, if you have asset protection concerns, you’ll likely want to maximize your contributions. Effectively, by using a Roth vehicle, you are contributing greater value to the plan because each dollar contributed has the taxes pre-paid. Whereas with a traditional vehicle, the future income taxes have yet to be paid. Thus, if you have $100,000 in a traditional vehicle and it will be taxed at 30% upon withdrawal, the after-tax value will be $70,000. On the other hand, if you have $100,000 in a Roth account, even after distribution it is still worth $100,000.

If you have a taxable estate, you may want to consider a Roth vehicle. Let’s say you have an estate that exceeds the estate tax exclusion by $500,000. Thus, your estate would pay $200,000 in estate tax (after a 40% federal estate tax). Let’s say part of your portfolio is a $1,500,000 traditional IRA. Let’s say you could Roth that IRA by taking it into income and paying 1/3, or $500,000, in tax (perhaps over a couple years). By doing so, you would bring your estate down to the exclusion amount and remove the estate tax problem without reducing the value of your assets. Basically, all you’ve done is pre-paid the income tax you or your beneficiaries would have to pay, and by so doing, you would have saved $200,000 in estate taxation.

There are many advantages to saving for retirement. Carefully consider whether a traditional or Roth IRA (or 401k) is right for you or your client.

In upcoming blogs, I’ll discuss more on the basics of estate planning.

Filed Under: Estate Planning, Legal Education

Other Articles You May Find Useful

Planning For The Silver Tsunami 150x150
Planning for the “Silver Tsunami”
The Lessons From Lisa Marie 150x150
The Lessons from Lisa Marie
Vero Beach estate planning attorney
5 Important Estate Plan Documents
Refresh And Reset Syncing Up In San Diego 150x145
Refresh and Reset: Syncing up in San Diego
Vero Beach estate planning attorney
Important Estate Plan Updates for Seniors
Spring Summit 2022 Celebrating Friendship In The Lone Star State 150x145
Spring Summit 2022: Celebrating Friendship in the Lone Star State

Kulas & Crawford

Download Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

TESTIMONIALS

Easy Testimonials
August 25, 2020
    

I needed a simple, easy-to-use way to add testimonials to my website and display them. Easy Testimonials Pro did all of that and more!

avatar-1
Janet Exampleton
Owner, Exampleton Productions
Easy Testimonials
August 25, 2020
    

I receieved excellent customer support, and quickly. Thank you so much!

avatar-2
Linda Herman
Founder, Herman Studios
Easy Testimonials
August 25, 2020
    

I love your product! I would recommend this to anyone. What a great find!

avatar-3
Steve
Developer, Acme Co.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

~L.G.K
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

~Joan C
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

~Mildred W
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

~Leo C
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

~Krissy L
Client Review
August 25, 2020
    

Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

~Janice M
Client Review
August 25, 2020
    

"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
<
>

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Blog Subscription

Subscribe to our blog to get all of the latest estate planning news in the Port St. Lucie and Vero Beach Florida areas. Fill out the form below to get our updates.

PORT ST. LUCIE

East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105 Port St. Lucie, FL,34952
Phone: (772) 398-0720
Fax: (772) 398-9331
  • PORT ST. LUCIE

VERO BEACH

Bridgeview Building
2770 Indian River Blvd, Suite 321, Vero Beach, FL, 32960
Phone: (772) 778-8481
Fax: (772) 398-9331
  • VERO BEACH

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

The information on this Florida Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kulas & Crawford. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.