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Recent private letter rulings issued by the Internal Revenue Service1 have created concern among estate-planning attorneys regarding the best way to draft trusts that are intended as potential receptacles of IRA or other qualified plan benefits upon the death of the participant. This concern stems from the fact that, unless the trust is properly drafted, it won't be possible to stretch out the payment

19 Min Read
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James G. Blase & Mimi G. Sharamitaro

Recent private letter rulings issued by the Internal Revenue Service1 have created concern among estate-planning attorneys regarding the best way to draft trusts that are intended as potential receptacles of IRA or other qualified plan benefits upon the death of the participant. This concern stems from the fact that, unless the trust is properly drafted, it won't be possible to stretch out the payment of the retirement benefits over the trust beneficiary's lifetime.

One alternative to ensure the maximum possible income tax deferral for the retirement benefits is the so-called “conduit trust” described in the final IRS regulations. The problem is that conduit trusts have numerous problems for most estate...

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About the Authors

James G. Blase

Principal, Blase & Associates, LLC

James G. Blase is principal with the law firm of Blase & Associates, LLC in St. Louis, Missouri, and is also of counsel with the law firm of Mickes O'Toole, LLC in St. Louis, Missouri.