Whoops!Whoops!
True story: a decedent's trust had been named beneficiary of an individual retirement account (IRA.) While the trust beneficiaries were busy arguing over who was going to get what piece of the trust, the trustee, who was the decedent's surviving spouse, never withdrew required minimum distributions (RMDs) from the IRA. This went on for several years. The trustee was represented by counsel and assumed
Michael J. Jones, partner, Thompson Jones LLP, Monterey, Calif.
True story: a decedent's trust had been named beneficiary of an individual retirement account (IRA.) While the trust beneficiaries were busy arguing over who was going to get what piece of the trust, the trustee, who was the decedent's surviving spouse, never withdrew required minimum distributions (RMDs) from the IRA. This went on for several years. The trustee was represented by counsel and assumed that the lawyer would advise the trustee on all trust administration matters, including anything tax-related. But the lawyer never did advise the trustee about the need to adhere to RMDs. Whoops!
The bad news is that a 50 percent excise tax applies to all RMD shortfalls.1 The good...
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