Generation Skip Trust / Qualified Plan

Yet another trust question.

I represent a physician who has considerable assets in his retirement plans. We set up a (grantor) trust (he is is single) whereby he leaves his trust property equally among his 5 daughters to be held in trust. Trust distributions are entirely discretionary for daughters and upon their death, their share is split equally and held in trust for their children (grandchildren). GC distributions entirely discretionary until 30 when they receive 1/2 balance and age 35, balance.

What are my issues if I name trust primary bene of doc’s qualified plans? Do I immediately expose the entire plan amounts to income tax? Daughters don’t care having to use oldest bene life expectancy as most daughters are doing well and they can appoint to their siblings who may not be doing as well?

I’d appreciate any thoughts/suggestions.

Nice new website, Mr. Slott. Maybe it’s not too new but it’s my first time back in quite some time.

Regards,

Rob Gilbreath



For the most part, the issues are the same as they would be absent the retirement benefits. In particular, he has to decide how much control each daughter have over her trust.

Overlaying the retirement benefits, you have to make sure none of the accumulated distributions can ever go to anyone older than the oldest daughter. See PLR 200235038 for an example of one that the IRS approved.

Bruce Steiner, attorney
NYC
also admitted in NJ and FL



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