Inheritance

You just inherited assets. Now protect them.

What you do in the first year determines whether your inheritance stays protected — or becomes exposed to taxes, creditors, and divorce.

Why estate planning matters after an inheritance

An inheritance is already taxed, structured, and delivered. What happens next is up to you.

If you deposit it into a joint account, commingle it with marital funds, or skip documentation — you may lose the legal protections that came with it. That means creditors, lawsuits, or a future divorce could reach assets that were once shielded.

Keeping your inheritance protected isn't hard, but it does require intention. The right moves now preserve what you've received — and position you to pass it forward.

What you need to know

1

Understand what you've received

Is it cash, real estate, retirement accounts, or a share of a trust? Each has different rules for how it's taxed, titled, and protected.

2

Don't commingle

Depositing inherited funds into a joint account can convert them from separate property to marital property. If asset protection matters, keep them separate.

3

Watch the tax rules

Inherited IRAs have strict distribution timelines (often 10 years). Miss a deadline and you could face penalties.

4

Update your own plan

Your inheritance may change what you're passing on. Review your trust, beneficiaries, and estate structure.

5

Document the source

Keep a paper trail showing what you inherited, when, and from whom. This protects you if someone later claims the assets were marital or owed.

6

Consider a trust

If your inheritance is substantial, placing it in a trust can provide asset protection, tax efficiency, and clear succession.

Your inheritance checklist

Get a complete inventory of what you've inherited and how each asset is titled

Open a separate account for inherited cash — do not commingle with joint funds

If you inherited an IRA or 401(k): confirm the distribution rules that apply to you

If you inherited real estate: decide whether to keep, sell, or transfer into your trust

Document the date-of-death value for each asset (this is your stepped-up basis)

If you're a trust beneficiary: get a copy of the trust and understand your rights

Update your own trust to reflect your changed estate

Update beneficiaries on your retirement accounts and life insurance

Check if estate taxes apply to your inheritance — use our calculator

Consult a tax professional before selling inherited assets or taking distributions

Frequently Asked Questions

Generally, no. Inherited assets aren't taxable income. The exceptions: distributions from inherited retirement accounts (taxed as ordinary income), and ongoing income the inherited assets produce (interest, dividends, rent). The estate may have paid estate taxes before you received anything, but that's not your bill.

When you inherit an asset, your cost basis resets to its value at the date of death — not what the deceased originally paid. If your parent bought stock for $10,000 and it's worth $100,000 when they die, you inherit it at $100,000. Sell it for $100,000 and you owe no capital gains. This can save you a significant amount if you sell inherited assets.

Don't commingle it. Open a separate account in your name alone, keep records showing the source, and don't deposit it into joint accounts or use it to buy jointly-titled property. Once it's mixed, it's hard to unmix.

It depends on when the original owner died and your relationship to them. Spouses have the most flexibility. Non-spouse beneficiaries who inherited after 2019 generally must empty the account within 10 years. Miss the deadlines and you'll owe penalties.

Usually, yes — if you want them to avoid probate when you die. But think before you retitle. Some inherited assets (like an inherited IRA) can't go into a trust. Others may lose creditor or divorce protection if retitled incorrectly. Know what you have before you move it.

Free tools to help

Documents and calculators to guide you through the process.

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