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...
Unlock All Access Premium Subscription
Get Trusts & Estates articles, digital editions, and an optional print subscription. Choose your subscription now and dive into expert insights today!
Already Subscribed?