Can a trust be the beneficiary of an IRA

My husband and I have an estate which is over the federal and state inheritance tax exclusions but most of the money is tied up in Roth and regular IRAs. We have matching trusts. When when the first of us dies (call that person A), it’s likely that A’s assets will not fully fund A’s trust with the full amount of the exclusion, but that B’s inheritance will be more than the full amount of B’s exclusion. We’d like to arrange it so that A’s trust is fully funded, but unless A’s trust can be a beneficiary of his trust, I don’t think we can do it. If a trust CAN be a beneficiary of A’s IRA, is it possible to specify the beneficial amount in such a way that it is exactly enough to fully fund A’s trust after all the other assets have gone into A’s trust? I hope this is clear enough…if you can’t make sense of what I’m asking, please let me know and I’ll try to clarify it.



I assume that you meant to say that A doesn’t have $2 million of non-IRA assets to fully fund the credit shelter trust, and that you were asking whether A could leave to his credit shelter trust the portion of his IRA necessary to fully fund it, after first using his non-IRA assets.

The short answer is yes.

For the long answer, see my article on trusts as beneficiaries of retirement benefits, in the March 2004 issue of the BNA Tax Management Estates, Gifts & Trusts Journal: http://www.bna.com/tm/tmm0903_steiner.rtf

Bruce Steiner, attorney
NYC
also admitted in NJ and FL



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