The SECURE Act changed the game for inherited IRAs. For most beneficiaries, the stretch IRA is gone and has been replaced by the 10-year payout rule. However, the SECURE Act carved out some rules for special needs trusts for disabled or chronically ill beneficiaries that allow the stretch to continue for these beneficiaries.
Question:
Good afternoon, Mr. Slott. I am trying to complete my taxes for last year, and the tax agent is stating that, because I had two 401(k) rollovers (each from a different employer), that I would be charged a penalty for one of these.
Question:
Under the SECURE Act, if we can assume a Special Needs Trust can qualify for the stretch via the disabled beneficiary, what happens when the special needs trust beneficiary passes? The next named beneficiary (remainder) is a brother and/or nephew under this trust. Yet it's already an inherited IRA. Would that formula continue to the next remainder beneficiary in line, i.e., would the stretch continue?
Answer:
The SECURE Act left many questions unanswered, especially when it comes to trust beneficiaries, but your situation may have an answer. You are correct that, under the new law, there are special rules for a trust for disabled or chronically ill beneficiaries that allow RMDs to be paid from the IRA to the trust using the beneficiary’s life expectancy.
As the father of more than one child, I understand the desire to try and treat children as equally as possible. You certainly don’t want one child to think you love him/her any less, or more, than your other children (though children will inevitably feel that way at one time or another), and you want the best for all of your children. But while children may share the same parents, may grow up in the same house and may be raised in the same manner, they are very much like snowflakes. Each one is truly unique.
For those not set on a predetermined course of action when developing an estate plan, there are definitely scenarios where, from a purely financial perspective, it can pay to treat children differently. In fact, doing so can, in some cases, leave everyone with more than they would have otherwise.
Even though it was 25 years ago, it seems like yesterday that my wife and I had our son evaluated by a pediatric specialist who told us our son would never live independently. When our child was diagnosed with a special need, our initial focus was on learning about the disability (autism), finding therapists and researching educational rights. Preparing for our child’s financial future (and even your own) was not an initial priority. The reality is that when there is a disabled child, the family financial plan has to span two generations rather than one. The following plan needs to take into account the potential for government benefits and, with any comprehensive plan, has to address how to minimize taxes.
ABLE (Achieve a Better Living Experience) accounts are a brand new type of tax-favored savings account created to benefit young disabled persons. One of the questions that has been asked with increasing frequency is, “Should I use a special needs trust or an ABLE account to safeguard my money [for my special needs beneficiary]?” We outline 5 key areas to consider, along with a brief description of whether an ABLE account or special needs trust gets the edge in that area.
Does one of your clients have a special needs child? Are you starting to plan yourself for a special needs child? Jeffrey Levine details 3 tips you should follow when planning for a special needs child.
