Trusteed IRA

An IRA owner established a Trusteed IRA at a national brokerage firm. On the beneficiary election form, he named his wife as primary beneficiary and an educational institution as contingent. He also checked off an unlimited payment option for his spouse beneficiary upon his death. This option also contained the right for his spouse to name a new successor beneficiary. The account owner died, and several months later his spouse beneficiary died. Because of the neglect of the financial advisor, during the period following the account owner’s death, and prior to the death of the spouse, the spouse beneficiary was never given the opportunity to exercise her right to this unlimited payment option, whether outright or as a rollover. Nor was she given the opportunity to elect a new successor beneficiary. A battle has ensued between the contingent beneficiary as named by the account owner, and the individual who is entitled to receive through the estate, pursuant to a court order. My question is who is entitled to inherit this IRA?



I was involved in another messy “who is the benefiticary” matter. A compromise was reached in court but funds are being held up pending a PLR request to IRS to make sure that the tax consequences follow the compromise and not the paperwork on file at the date of the primary beneficiary’s death. By hled up, I mean that beneficiaries paid tax on funds that might be needed to pay the tax liability of the named beneficiary – those funds are being held in an escrow account.



There is no way to say with certainty without reviewing the trusteed IRA contract, but typically these trusts do not include a menu of highly unusual beneficiary options. Unless there is some language that expands the definition and reach of a contingent beneficiary, the interest of the educational institution ceased upon the IRA owner’s death because his spouse did not predecease him or disclaim. The IRA would go to the estate of the spouse and the contingent beneficiary would be voided.

Conversely, if the contract indicates that the contingent beneficiary is deemed to be the surviving spouse’s successor beneficiary unless she acts to authorize a change, that would alter the usual result. However, such customized provisions are not typical of trusteed IRAs.

In the end, interested parties should examine the contract, and if there are ambiguities there, hire their own counsel.

Here is an article on trusteed IRAs by Bruce Steiner:

http://www.kkwc.com/library_cat/uf_trusteed_IRA.pdf



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