Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

IRA-trust

An IRA Trust Can Ensure Your Estate Passes Only To Direct Descendants

Posted on Thu Jul 7, 2016, on IRA Trust

From our “Ask a Question” Mailbag: IRA Trusts and Descendants

Most Recently Updated August 9, 2018.

“Can an IRA Trust ensure that the estate passes to your direct descendants?”

IRA Trusts and Descendants

The IRA Trust, An Underutilized Estate Planning Tool.

When assembling an Estate Plan, too often the plan forgets to address Estate Planning for IRAs. The IRA, or other qualified plans, often make up a large portion of the estate. Forgetting to include the IRA in the estate plan can lead to tax adverse consequences.

To ensure that your money passes on only to your direct descendants, consider forming an IRA Trust.

All qualified plans (IRA, Roths, 401ks, SEPs, TIAA-CREF, etc.) allow you to name a beneficiary to receive the plan at your death.  But, if this person is your child, they will have the chance to defer income tax recognition by converting the plan into an “Inherited IRA”.  BUT, with an “Inherited IRA” your child, not you, has the ability to name a beneficiary.   And it is likely this beneficiary will be your daughter-in-law or son-in-law rather than your grandchildren.

With An IRA Trust, You Control Who Inherits the IRA at Your Child’s Death.

By forming a well crafted IRA Trust for your child and naming this IRA Trust as the beneficiary of the qualified plan at your death, the trust will own the IRA for your child’s benefit.   Thus, the Trustee can elect to stretch the IRA over your child’s lifetime.  This provides the exact same income tax benefits that your child would have received as the owner. But, the IRA is held under the IRA Trust’s tax ID, not the child’s social security number.  The Trust owns the policy, not your child.

This is beneficial because if you form the trust, YOU have the power to name the beneficiaries that follow your child. If you prefer the funds stay in your bloodline, you can name your grandchildren. At your child’s death, the funds are then immediately available to provide care to your grandchildren.  This excludes your daughter-in-law or son-in-law.

See My Website for more Information about IRA Trusts.

More Planning Questions?

IRA Trusts and Descendants is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: IRA Trusts and Descendants

I hope that this article was helpful in explaining IRA Trusts and Descendants. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Estate Plan, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, IRA Trust, Trusts

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Cathy Goodwin

Very friendly and easy to work with - definitely a better experience than I've had with other lawyers! Peter is very detailed and thorough. I've worked on previous versions of my will with other lawyers, and he pointed out things they'd never mentioned. Fast turnaround and very responsive to emails and phone calls.

Klenk Law Logo
Stars

Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

Klenk Law Logo
Stars

Kate Parghi

Wonderful Experience working with the team

Klenk Law Logo
Stars

Chris Nezu

Klenk Law is a professional and class act from start to finish. Peter, and all of his staff members are patient, clear, and trustworthy, all within the context of a user friendly, kind, and comfortable ambience.

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Let us put our expertise to work for you.

Free consultation within 24 hours.