Hello,

Assume a mother has an IRA with beneficiaries as follows: There are 2 co-primary beneficiaries – both sons. As contingent beneficiaries, for Son #1 it is his wife, followed by a conduit trust established under his wife’s Rev. Living Trust (forget about son #2 as his interest is per stirpes and if we were not alive his interest would go to his daughter). Mother has a Last Will although there is no reference to retirement accounts therein.

I am familiar with the difference between conduit and accumulation trusts.

1. Are both of the aforementioned trusts, which are considered ‘see-through’ trusts, considered to be the same as ‘Designated Beneficiary IRA Trusts’ or ‘IRA Inheritance Trusts?’

2. Given the above scenario, is it possible for Son #1 to disclaim (fully or partially), his wife disclaim (fully or partially) with the non-disclaimed portion ending up in a conduit trust for the benefit of their children (presently one)?

I recognize you favor accumulation trusts for asset protection purposes; however, my principal question here is to confirm whether or not it’s possible to get a longer stretch out by having some of the mother’s IRA be disclaimed twice so it goes to her grandchild who is very young based upon her IRA beneficiary designation form (and rider).

Thank you. JH