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Correcting Unfavorable Beneficiary Designations in TrustsCorrecting Unfavorable Beneficiary Designations in Trusts

PLR prevents post-mortem reformations of trusts as designated beneficiaries of IRAs

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Robert S. Keebler, Michelle L. Wardand 1 more

October 1, 2010

22 Min Read
Wealth Management logo in a gray background | Wealth Management

Robert S. Keebler, Michelle L. Ward & Peter Melcher

Taxpayers commonly name trusts as beneficiaries of their individual retirement accounts. If the trust is properly drafted, it will qualify as a designated beneficiary under Internal Revenue Code Section 401(a)(9), making it possible to stretch payouts over the life expectancy of the oldest trust beneficiary to maximize tax deferral. If the trust isn't properly drafted, however, the IRA will have no designated beneficiary and will have to be paid out over the decedent's ghost life expectancy or within five years after the decedent's death.

Historically, it was relatively easy to fix a trust that failed to qualify as a designated beneficiary because of a drafting error. This could be accomp...

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About the Authors

Robert S. Keebler

Robert S. Keebler, CPA, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils.  He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession.  His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration. Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals, and he has received more than 150 favorable private letter rulings including several key rulings of “first impression”. He is the author of over 100 articles and columns and is the editor, author or co-author of many books and treatises on wealth transfer and taxation.  Mr. Keebler has recently been quoted in The New York Times in an article titled: “The 1040 Blues” where he provided insight on capital gains tax.  Mr. Keebler has been a speaker at national estate planning and tax seminars for over 20 years including the AICPA’s: Estate Planning, High Income, Advanced Financial Planning Conferences, ABA Conferences, NAPEC Conferences, The Notre Dame Estate Planning Conference and the Heckerling Estate Planning Institute.

Michelle L. Ward

Michelle Ward is a partner at Keebler & Associates in Green Bay, Wis. 

Michelle received her bachelor's degree from the University of Wisconsin- Madison and her law degree from University of Wisconsin-Madison Law School and is scheduled to receive her LLM in estate planning from Western New England College of Law in 2011. Her professional affiliations include the State Bar of Wisconsin and the Green Bay Estate Planning Forum.

Michelle is also co-author of Panel Publishing's Roth IRA Answer Book (2008 and 2009 Editions) and Quick Reference to IRAs (2008 and 2009 Editions) and AICPA's The Small Business Jobs Act of 2010: Tools, Tips, and
Tactics. Michelle has also authored articles appearing in Trusts & Estates, Investments and Wealth Monitor, and Journal of Retirement Planning.

Prior to joining Keebler & Associates, LLP Michelle was in private law practice in Green Bay and was also a Senior Consultant with Baker Tilly Virchow Krause, LLP. 

Peter J. Melcher

Peter J. Melcher, MBA, JD, LLM-- is a consultant with Keebler & Associates, LLP where he focuses on estate planning, income tax planning for high net worth individuals, transactional tax planning for businesses and Ponzi scheme losses. He is a tax planning columnist and frequent contributor to national tax journals. Prior to joining Keebler & Associates, Peter served as an editor at CCH, Inc., an executive compensation consultant at HayGroup and as an estate planning manager at Grant Thornton.

[email protected]
414-421-4992