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Final Disposition of a Trust’s Inherited IRAFinal Disposition of a Trust’s Inherited IRA

How to make direct transfers to the beneficiaries.

Michael J. Jones, Partner

November 16, 2018

9 Min Read
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When a decedent’s individual retirement account is payable to a trust under an IRA’s beneficiary designation, the day may come for the trust to distribute all of its interest in that IRA to the trust’s beneficiaries. When it does, custodians should routinely allow direct transfers to inherited IRAs set up for the benefit of each trust beneficiary entitled to receive a portion of the trust’s inherited IRA. It’s mystifying that some won’t. 

Although trusts are recognized as entities for purposes of the Internal Revenue Code and are treated as U.S. persons,1 the IRC doesn’t fix rights to trust property. Applicable trust law does.

Uniform Trust Code 

The Uniform Trust Code (UTC), as adopted by many states, defines “trust instrument” to mean an ...

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About the Author

Michael J. Jones

Partner, Thompson Jones LLP

Mike is a partner in Thompson Jones LLP. His tax consulting practice focuses on sophisticated wealth transfer strategy, trust and probate matters (both administration and controversy resolution), family business transitions, and taxpayer representation before the IRS. He is a noted authority on estate planning for IRA and retirement plan benefits, and chairs Trusts & Estates magazine's Retirement Benefits Committee. Mike was listed among CPA Magazine's Top 50 IRS Practitioners and Top 40 Tax Advisors to Know During a Recession.