trust as beneficiary

Background:
Client with one child set up a Living trust with a single beneficiary to the trust. Client was ill advised to change her IRA beneficiary to her trust by the Attorney who established it. While client was in hospice, the POA who is also the daughter and sole beneficiary attempted to change the beneficiary (with client written premmission) on the IRA to herself as an individual rather than through the trust so that she could receive the full tax deferral benefits; however, Chase Bank refused the beneficiary change by the POA. Client has passed and now the IRA is payable to the trust fbo beneficiary. The trust is an older single person trust without stretch language; however, it is a single beneficiary trust so the see-through to a natural person is clear. The trust and I quote said ” any and all bank accounts held in the trustor’s name with JP Morgan Chase Bank including, but not limited to accounts numbers xxx, xxx, and xxx shall be distributed to Trustor’s daughter, Donna.” she is the sole beneficiary of the trust.

Is the beneficiary eligible to stretch the IRA distributions over her lifetime under a single beneficiary trust with clear identification of a natural person, or is she required to distribute the trust within 5 years forfeiting the life tax deferral of the qualified account?



If the trust meets all the requirements of qualification per p 40 of Pub 590, the trust beneficiary can take RMDs over their life expectancy. The IRA can also be assigned out of the trust to the beneficiary if the trustee and the trust language permits. Not sure what you mean by “stretch language” in the trust as direct reference to a stretch is not included in the p 40 requirements. Note that there is a deadline to submit the required trust documentation to the IRA custodian



 the trust meets these requriements p 40 of Pub 590 there for life rmd calculation should be ok, thanks for your help



It’s not clear from the language provided whether the IRA is payable to Donna through the trust.  The language provided refers to bank accounts. It doesn’t make any sense to create a trust, leave an IRA to the trust, and then have the trust terminate upon the person’s death.  It would have been simpler to name Donna as the beneficiary of the IRA.  Alternatively, the trust could continue for Donna, so as to keep her inheritance out of her estate, and to protect against her creditors and spouses. Depending on the terms of the trust, it may be possible to stretch the IRA over Donna’s life expectancy.  The lawyer handing the estate should be able to advise Donna or the trustees. Bruce Steiner, attorney, NYC, also admitted in NJ and FL



all of the accounts at this bank were IRA’s



Add new comment

Log in or register to post comments