David, the short answer is that defined benefit plans have rules distinctive to the plan that dictate when and if, you can make a lump sum distribution. The really, really, good news is that the plan is advising your mother-in-law that she needs to
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David, the short answer is that defined benefit plans have rules distinctive to the plan that dictate when and if, you can make a lump sum distribution. The really, really, good news is that the plan is advising your mother-in-law that she needs to take action. So long as one of those actions is to roll it into an IRA, she should do so.
She should follow the instructions on the letter, or if she has questions,call the sender of the letter. It is most likely the plan administrator.
She does not want a check written to her; that would be a taxable event. Rather, she would open an IRA, or Roth IRA, and then have the monies either sent directly to the new plan, or to you written to the custodian of the new plan. It sounds like it is getting complex, but as you start completing forms, you will see the options I am talking about, and it will flow into place.
As you may be aware, if you open a Roth, you will have to pay taxes on that money as taxable income. As she is unemployed, it could be very little, or possibly no additional tax. If the father-in-law is earning income and they file jointly, that needs to be considered for taxation purposes.
She cannot open a 'joint' IRA, but they can both open separate ones. The father-in-law, can however, contribute to a 'spousal' IRA with proceeds from his income even though she has no income.
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